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HomeMy WebLinkAbout08/15/2000, C8 - CONSIDERATION OF A REQUEST TO ABANDON PORTIONS OF THE PUBLIC RIGHT-OF-WAY AT RUTH STEET AND LEFF STREET WEST OF THE RAILROAD, ABAN 170-99. council '" °g j acEnaa aEpoRt ca CITY O F SAN LUIS O B I S P O FROM: Arnold Jonas, Community Development Director Prepared By: Michael Codron, Planning Technician SUBJECT: CONSIDERATION OF A REQUEST TO ABANDON PORTIONS OF THE PUBLIC RIGHT-OF-WAY AT RUTH STEET AND LEFF STREET WEST OF THE RAILROAD, ABAN 170-99. CAO RECOMMENDATION: Pass a Resolution of Intention to consider the abandonment request and set a public hearing for October 3,2000. DISCUSSION: The Community Development Department has received an application for a street abandonment. The subject street right-of-way includes portions of Ruth Street and Leff Street west of the railroad (see Attachment 2). Ruth Street is a paper street,having never been improved, and only serves two lots, 1201 Leff and 1169 Leff. The abandonment request came about after a survey of the property on 1201 Leff Street showed that a portion of the residence was constructed within the Ruth Street right-0f--way. The proposed abandonment will not affect access to the two lots. The section of Leff Street that is proposed to be abandoned is also unimproved. The adopted street improvement pfan is not affected by the proposed abandonment. The right-of-way width is currently 60 feet; after the abandonment Leff Street would be a 50-foot wide right-of-way at this location. Attachment 3 shows the planned section for the 50-foot street right-of-way. Because there are a number of trees in the right-of-way along this section of Leff Street, the Public Works Department intends to work closely with the property owner on the configuration of frontage improvements to ensure that (when curb, gutter and sidewalk are installed in the future) City standards are met and as many trees as possible are saved. The California Streets and Highways Code(State Law)requires that any proposed street vacation or abandonment be reviewed for General Plan conformity prior to action by the legislative body. On June 28, 2000, the City Planning Commission found the proposed abandonment to be consistent with the General Plan. State law also states that if the legislative body finds, from all the evidence submitted, that the subject right-of-way is not necessary for present and future public use, it may adopt a resolution vacating the right-of-way. The City Council needs to make a determination on General Plan consistency and needs to consider whether to adopt a "Resolution of Intention" which would set a public hearing to consider the matter of final abandonment. planning Commission Action Pursuant to State law,the Planning Commission reviewed the project to determine if the right-of-- way proposed for abandonment is consistent with the General Plan. General Plan consistency C8-1 Council Agenda Report ABAN 170-99(1201 Leff Street) Page 2 issues are discussed in the attached Planning Commission staff report (Attachment 5). On a 6-0 vote (Commissioner Ready absent), the Planning Commission found the proposed abandonment to be consistent with the City's General Plan, and decided to recommend that the Council adopt a Resolution of Intention to consider the matter of final abandonment. The attached draft resolution (Attachment 4) reflects the findings and conditions of approval recommended by the Planning Commission. Attachment 6 is a copy of the minutes from the Planning Commission hearing. CONCURRENCES The Public Works Department supports the proposed abandonment, subject to the conditions as recommended by the Planning Commission. FISCAL IMPACTS Since the adjoining property owners hold the underlying fee interest in the right-of-way proposed for abandonment there is no transfer of public property. The respective property owners are responsible for installing street frontage improvements in the new right-of-way alignment. The City will be responsible for maintenance of those improvements consistent with other public streets. 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 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 - Vicinity Map Attachment 2 - Map of Area proposed for Abandonment Attachment 3 - Planned Street Section for Leff Street Attachment 4 - Draft Resolution"A"-Resolution of Intention to Consider Abandonment Attachment 5 - Planning Commission Staff Report of June 28, 2000 Attachment 6 - Draft Minutes for Planning Commission meeting of June 28, 2000 Attachment 7 - Planning Commission Resolution No. 5293-00 mcodron/council/ABAN 170-99(Cook) C8-2 4 c , Attachment 1 .-A .15 Vv �. :,�v" 'ham+•r r, RT Y �J 3E Vtci% n% 1201 Leff St. N 170=99 0 60 120 180 Feet - - - C8-3 a e J y� y.�2y `al y'i Ndbly lines are schematic and are provid •r c S:W � � f S 3 ti •.V ry . , for reference only. 6 � x � r �do . • • 1• 1 1 J .o to ��I �L cl `rl ti.l i NZ N ' I ti C8-5 Attachment 4 RESOLUTION NO. (2000 Series) CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF INTENTION TO ABANDON PORTIONS OF THE PUBLIC RIGHT-OF- WAY AT RUTH STEET AND LEFF STREET WEST OF THE RAILROAD, ABAN 170-99. WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on June 28, 2000, for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request to abandon a portions of the public right-of-way at Ruth Street and Leff Street west of the railroad, adjacent to 1201 Leff 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 as indicated in Planning Commission Resolution 5293-00, incorporated herein by reference. 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 portions of the public right-of-way at Ruth Street and Leff Street west of the railroad, as shown on the map marked Exhibit "A", attached hereto and incorporated herein by reference, pursuant to Section 8300 et.seq. 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: Fin ' s: 1. The proposed Leff Street right-of--way abandonment is consistent with the General plan because the Circulation Element identifies this street as a local street and adopted street improvement plans would not be compromised by the abandonment. C8-6 f{ff4,�4• ,f y, Pf.Z City Council Resolution No. (2000 Series) Page 2 2. Development of a standard street cross section with 40 feet of paving from curb to curb is impractical at this location because of the location of the railroad and the adjacent slope bank. 3. The proposed Ruth Street abandonment is consistent with the General Plan because the street does not serve any additional properties, is unimproved, and has not been used for public purposes since the railroad right-of-way was established at this location, and easements will be reserved to ensure access to utilities in the former right-0f--way. 4. The proposed right-of-way abandonment is categorically exempt from the California Environmental Quality Act (CEQA) under Class 5, Minor Alterations in Land Use Limitations (Section 15305, CEQA Guidelines). Conditions: 1. Easements shall be reserved for any existing utilities owned by the City or the various utility companies that may have facilities within the right-of-way to be abandoned. Details and any specific conditions will be established prior to final action on the abandonment by the City Council. 2. Easements should be reserved for possible future access to a planned bike and pedestrian way within Ruth Street (10 ft. parallel with the RR right of way) and from Leff St., where the existing dirt access road connects with the RR right of way. Final details are yet to be determined and will be done prior to City Council consideration of these abandonments. 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, October 3, 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 Tribune, a newspaper published and circulated in this city. C8-7 At�,��•�ct� y�P1. 3 City Council Resolution No. (2000 Series) Page 3 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. 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 7th day of November, 1999. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED: /Cilffit4cey fre3g. Jorgensen Attachment: Exhibit"A"- Street right-of-way Abandonment Map C8-8 /q�4�k�tev� �i Pf• � r i V � i I I I i l 1 � I I l I I % r I I i � I I r I Exhibit"A" -Street Right-of-Way Abandonment Map 10 0 10 20 Feet m 6� �J CS-9 Attachment 5 CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT BY: Michael Codron, Planning Technician MEETING DATE: June 28,2000 FROM: Ron Whisenand, Development Review Manager�f j FILE NUMBER: ABAN 170-99 �( PROJECT ADDRESS: 1201 Leff SUBJECT: Request to abandon a portion of the Ruth Street public right-of-way and a 10-foot section of the Leff Street public right-of-way adjacent to the project address. RECOMMENDATION: Find that the right-of-way abandonment is consistent with the General Plan and forward a report to the City Council recommending approval of the abandonment with findings and conditions. BACKGROUND Situation In May, 1999,the applicant purchased the property on 1201 Leff Street and subsequently applied to the Community Development Department for a variance to allow some additional development on the property. A variance was necessary because the request included a street yard reduction to 8 feet for a garage. As part of the review of the variance request,planning staff requested a survey to verify the accuracy of the site plan. The survey was completed and it showed that a portion of the applicant's house was constructed over the property line and m the Ruth Street right-of-way. The applicant filed a subsequent application to request that the City abandon Ruth Street, as well as a 10-foot portion of Leff Street,adjacent to his property. The Planning Commission is being asked to consider the abandonment with respect to General Plan consistency and to make a recommendation to the City Council. The City Council will consider whether to adopt a "Resolution of Intention", which would set a public hearing to consider the matter of final abandonment. If passed, a final "Resolution of Abandonment" will be adopted and recorded with the County Recorder. Data Summary Property Owner/Applicant: Jay Cook Zoning of Adjacent Property: R-3 (Medium-High Density Residential) General Plan Designation of Adjacent Property: Medium-High Density Residential Environmental Status: Categorically exempt under Class 5, Minor Alterations in Land Use Limitations(Section 15305, CEQA Guidelines). Project Action Deadline: The Permit Streamlining Act does not apply to the street abandonment. C8-10 ABAN 170-99 1201 Leff Street(Jay Cook) Page 2 Site description The triangular-shaped residential lot consists of approximately 3,285 square feet and is located between Santa Rosa Street and Toro Street on Leff Street. The site is developed with an older single family residence that was constructed across the southern property line in the Ruth Street right-of-way. This section of Ruth Street is unimproved and stubs out at the railroad tracks. The northwest side of Leff Street has full frontage improvements including, curb, gutter and sidewalk. Frontage improvements have never been developed on the southeast side of the street, adjacent to the project address. The northern portion of the site includes a slope bank where a trail has been developed that is commonly used to access the railroad right-of-way by pedestrians, cyclists and maintenance vehicles. Proiect Description The project is a General Plan consistency determination on a requested abandonment of two portions of the public right-of-way. The first portion is an unimproved section of Ruth Street that extends between Leff Street and the railroad right-of-way. The second portion is a ten-foot wide strip of Leff Street that extends between Ruth Street and the railroad right-of-way. The Ruth Street abandonment is being requested because the residence on 1201 Leff was originally constructed over the property line and in the street right-of-way. Abandoning Ruth Street will resolve this nonconforming situation. The 10-foot section of Leff Street is being requested because that portion of the right-of-way is not needed for street purposes and it will allow an anticipated garage addition to be constructed without the need for a variance. Preliminary plans show that the garage would have a 12-foot setback, requiring approval of an Administrative Use Permit. Full frontage improvements would be required as part of the use permit approval, which would include pave-out of Leff Street, curb, gutter, sidewalk, and street trees. The Administrative Hearing Officer will consider the Administrative Use Permit request at a later date, if the abandonment is supported by the Planning Commission and City Council. EVALUATION In order to abandon the right-of-way, the California Streets and Highways Code requires the Planning Commission to determine whether the abandonment is consistent with the City's General Plan. 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 and improvements needs to be properly preserved. The following paragraphs discuss pertinent issues associated with the request and evaluate whether the public way will be needed for future City purposes: 1. Future Circulation Needs Ruth Street Ruth Street is an unimproved street right-of-way that has been used as if it were private property since the railroad right-of-way was established. According to the City's historical reference files, C8-11 ABAN 170-99 / 1201 Leff Street(Jay Cook) Page 3 the residence on 1201 Leff was constructed prior to 1927. As previously mentioned the house encroaches several feet into the street right-of-way. The house on 1169 Leff uses the right-of-way to gain access to a garage at the rear of the property. Since the ownership of the southern half of the right-of-way would revert to 1169 Leff, the garage can continue to be accessed as it always has been. Future frontage improvements across the southern portion of the abandoned Ruth Street would include a driveway ramp and approach for access to the garage at the rear of the lot. Frontage improvements would be triggered upon fiuther development or redevelopment of the lot. Leff Street Leff Street is a 60-foot right-of-way, which would normally allow for 40-feet of paving curb to curb. City adopted street plans for this stretch of Leff Street provide for only 32 feet of paving curb to curb due to the location of the railroad and the steep slope bank that makes it impractical to provide the otherwise standard 40-foot curb to curb street cross section. Presently, there is approximately 29 feet of paving from the curb to the edge of the paving adjacent to the project site. This means that once frontage improvements are installed, the width of the paving adjacent to the project site would increase by approximately 3 feet. On-street parking would be prohibited on the southeast side of Leff Street, adjacent to the project site. Presently on-street parking exists on the northwest side of the street, however it appears to be rarely utilized by area residents. In short, the 10-foot wide strip of Leff Street that is proposed for abandonment is not needed for street purposes. A fairly high retaining wall would be required to build out the street to full City standards and would also adversely affect several trees. Frontage Improvements Frontage improvements would be required across the approximate 170-foot length of the project site as part of the Administrative Use Permit approval for the residential development project proposed by the applicant. The Public Works Department is looking at a couple of possible alternatives for the design of frontage improvements across the project site and north of the project site to connect with the existing sidewalk at Toro Street. The potential may exist to save many of the trees along this section of the street frontage by building a detached sidewalk with a parkway. However,the feasibility of this depends greatly on the health of the trees. At the northern edge of the applicant's property, the width of the paved portion of Leff Street increases. Because of the additional width, it may be possible to construct a five-foot integral sidewalk within the existing paved street section at the knuckle of Leff Street and Toro Street. This would reduce the impact of any retaining wall necessary at this location and would ultimately improve access to the railroad right-0f--way if access at this location is approved as part of the extension of the City's Railroad Bike Path and Recreational Trail system. Frontage improvements at this location would normally be the requirement of Union Pacific Railroad, the property owner. However, it is unlikely that the railroad would be proposing any project in this area that would CS-12 ABAN 170-99 1201 Leff Street(Jay Cook) Page 4 trigger the requirement for frontage improvements. As a result, the City may take this project on and connect the existing sidewalk on Toro Street to the new sidewalk on Leff Street. Access Easements for Bikeway Purposes Easements should be reserved to facilitate the development of the planned bike and pedestrian trail along the railroad right-of-way. Due to the setback requirements of Union Pacific Railroad and the location of the tracks relative to the slope bank above the project site, the City should reserve an easement over a 10-foot section of Ruth Street parallel with the RR right of way. Easements should also be reserved on Leff Street where the existing dirt access road connects with the RR right of way. Final details are yet to be determined and will be done prior to City Council consideration of these abandonments. 2. Public Utilities Local utility companies had the opportunity to review of the abandonment as part of the routing of the planning application. The utility companies will again be notified of the City's intentions to abandon the right-of-way before the City Council takes final action. The Public Works Department supports the proposed abandonment, subject to reservation of necessary easements to insure rights to repair and service any infrastructure on the property. Existing sewer facilities cross a portion of the right-of-way that is sought for abandonment. The proposed abandonment presents no Utilities Department concerns. However, the City shall reserve 5m (min.) public utility easements for water and sewer purposes centered over any existing water and sewer facilities. 3. Disposition of Abandoned Right-of-Way Chicago Title Company has prepared a preliminary title report verifying the applicant's ownership of the land underlying the portion of the right-of-way proposed for abandonment. A triangular portion of the Ruth St. right of way may revert to the Union Pacific Railroad—on the northeast side of Ruth St., lying southeasterly of a line at right angles to the southerly comer of the Lot 1 remnant parcel. This is due to the fact that the Southern Pacific Railroad Co. acquired the remainder of Lot 1. This should be verified by the title company and would depend on just how title was acquired—"metes and bounds" or otherwise. The title report only refers to the portion that would ... "pass by a conveyance.of all or part of Lot 1." It wouldn't seem to affect the applicant's use or resolution of the existing problem of the house and other improvements lying within the existing right-of-way. OTHER DEPARTMENT COMMENTS The Public Works Department and Utilities Department have provided comments that have been incorporate into recommended conditions of approval. No other City Departments or administrative agencies had concerns with the proposed abandonment of the rights-of-way. C8-13 ABAN 170-99 1201 Leff Street(Jay Cook) Page 5 ALTERNATIVES 1. The Commission may also recommend that the abandonment be denied,based on a finding that a potential City need may exist for the public way in the future, or 2. Continue the request. If the Commission continues action, then specific direction should be given to staff and the applicant regarding further information needed. RECOMMENDATION Recommend that the City Council approve the abandonment, based on the following findings, and subject to the following conditions: Findings 1. The proposed Leff Street right-of-way abandonment is consistent with the General plan because the Circulation Element identifies this street as a local street and adopted street improvement plans would not be compromised by the abandonment. 2. Development of a standard street cross section with 40 feet of paving from curb to curb is impractical at this location because of the location of the railroad and the adjacent slope bank. 3. The proposed Ruth Street abandonment is consistent with the General Plan because the street does not serve any additional properties, is unimproved, and has not been used for public purposes since the railroad right-of-way was established at this location. 4. The proposed righ-of-way abandonment is categorically exempt from the California Environmental Quality Act (CEQA) under Class 5, Minor Alterations in Land Use Limitations (Section 15305, CEQA Guidelines). Conditions: 1. Easements shall be reserved for any existing utilities owned by the City or the various utility companies that may have facilities within the right of way to be abandoned. Details and any specific conditions will be established prior to final action on the abandonment by the City Council. 2. Easements should be reserved for possible future access to a planned bike and pedestrian way within Ruth Street (10 ft. parallel with the RR right of way) and from Leff St., where the existing dirt access road connects with the RR right of way. Final details are yet to be determined and will be done prior to City Council consideration of these abandonments. Attachments Vicinity Map Map of Area proposed for Abandonment Included: Color Aerial Photograph of Project Site CS-14 i\ i j AFF cS9 2� 9� Off, '9 ABAN 170-99 1201 Leff Street A#4t4-%(4 s .7 v z � � x 0 � N Cr N rLmCD JCL O f0 Of� W CD CD � I O m N l Q. • _- CD n v✓ N - T .•c m � O e 1iQ e _ X�` y Q 4, 3. CDa L 0-0 o CD CD AV =. CD r � 0 m COCDC) ti m o mCD o ~ o o t w cr f=i 2) 'm CD rz •c O m 0 — m.2) O :3 V/ i C: •• rl .Yw`. m 1 O � � � usmc r01�' 'J � - m ' mm D S D fl 7 \ �% �� m 00 �� rT a o mmavm � o amm i aoN o myo c in rr L m 0 CL(Dr. e a m to O 4010 y Mo d �1 = 0 m o CD CDz CD \ fl: 0 C8-16 Draft Planning Commission Minutes Attachment 6 June 28,2000 Page I of DRAFT SAN LUIS OBISPO PLANNING COMMISSION MEETING MINUTES JUNE 28, 2000 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at 7:05 p.m. on Wednesday,June 28, 2000, in Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California. ROLL CALL: Present: Commissioners Allan Cooper, David Jeffrey, Mary Whittlesey, Alice Loh, Charles Senn, and Vice Chairman Stephen Peterson Absent: Chairman Paul Ready Staff Recording Secretary Leaha Magee, Development Review Manager Ron Whisenand, Planning Technician Michael Codron, and Assistant City Attorney Gilbert Trujillo. ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. PUBLIC COMMENT ON NON-AGENDA ITEMS: There were no non-agenda comments made. COMMENT AND DISCUSSION: 2. 1201 Left Street,ARAN 170-99: Request to abandon Ruth Street and a ten-foot section of Left Street next to the railroad right of way; R-3 zone; Jay Cook, applicant. Commissioner Aiken noted this property is within 2,500 of his residence, but after evaluating the circumstance,he determined he did not have a conflict of interest Planning Tech Codron presented the staff report and recommended that the Planning Commission find that the right-of-way abandonment is consistent with the General Plan and forward a report to the City Council recommending approval of the abandonment with findings and conditions. CS-17 Draft Planning Commission minutes June 28,2000 Page 2 of 4 Commissioner Osborne questioned staff on the history of the house,noting it was constructed in the street right of way. He asked if the abandonment were approved, would city property be given to a private property owner? Planning Tech Codron stated at the time of the subdivision the City secured the right of way to use the property for public purposes, but before the subdivision was proposed and the dedication requested, it was private property. Essentially the title report shows that upon conveyance of what is a City right of way, the property actually reverts to the original owner. Manager Whisenand noted the property owner legally owns property to the centerline of the street right now. If the easement were removed,property will not be given to the property owner because he already owns it. Commissioner Loh noted the retaining wall that would be required if the street were built out could affect several trees. Planning Tech Codron felt that a detached meandering sidewalk could be used to help prevent the loss of trees. Commissioner Whittlesey had staff review the disposition of the abandoned right of way, page 4, and an anticipated future bikeway. Commissioner Cooper had staff review the sequence of street improvements. Planning Tech Codron noted the applicant has requested an administrative use permit to allow for subsequent development of a garage and an additional room;this development would trigger frontage improvements. Commissioner Aiken asked if there would ever be a future need to connect Ruth Street through to the other side of the railroad tracks. Manager Whisenand replied no, this shouldn't be a concern. Vice Chairman Peterson voiced concern about preserving an access to a future bikeway. There were no further comments/questions and the public comment session was opened. PUBLIC COMMENTS: Jay Cook, applicant, 1201 Left Street, recently purchased the property knowing that significant improvements were necessary. He expressed concern about preserving the mature trees on his property. He requested approval of his proposal. Commissioner Whittlesey stated page 3 of the staff report discusses frontage improvements that would be required. C8-18 Draft Planning Commission Minutes June 28,2000 Page 3 of 4 Mr. Cook stated he has submitted plans to move ahead with the improvements and is aware of the required curb, gutter, and sidewalk. He would like some flexibility to preserve the trees. Commissioner Aiken noted there are no other sidewalks on this side of the street and asked if it is incumbent upon the property owner at the time improvements are made to install a sidewalk when there is an existing sidewalk on the opposite side of the street. Planning Tech Codron felt in looking towards the future with the potential for a bikeway, there might be more pedestrian/bicycle traffic in the neighborhood. Regarding the timing of the improvements, in certain circumstances the Public Works Department has allowed an installation delay of frontage improvements. John Drew (Inaudible), 1211 Left Street, adjacent property owner, asked staff about the location of the new lines. Seeing no further speakers come forward,the public comment session was closed. COMMISSION COMMENTS: Commissioner Aiken moved to find that the right-of-way abandonment is consistent with the General Plan and forward a report to the City Council recommending approval of the abandonment with findings and conditions as stated in the staff report on page 5 and encouraged the applicant to work with the Public Works Department in terms on the timeline for the development of the right-of-way improvements along Left Street. Commissioner Loh seconded the motion. Commissioner Loh requested Finding 3 be amended to reflect: "...is unimproved,and has not been used for public purposes since the railroad right of way was established at this location and easements will be reserved to ensure adequate access to any utility lines in the former right of way." Commissioner Aiken accepted the requested amendment to the motion. Commissioner Loh requested the motion include a Condition 3 that would reflect that any future addition would be reviewed by the CHC. The house was built in 1927 and is a historic resource. Manager Whisenand noted this is an abandonment request and a nexus must exist between a condition and the application before the Commission. He noted all City codes would be complied with in reviewing future development. Vice Chairman Peterson noted the Commission could recommend that serious consideration be given to the potential historical significance of this location, but this is an abandonment request,not a request for development. C8-19 Draft Planning Commission minutes June 28,2000 Page 4 of 4 Commissioner Osborne concurred. Planning Tech Codron noted that the Administrative Hearing Officer would review future development and if potential historic resources were identified, additional evaluation would be triggered. Commissioner Aiken did not accept the amendment to the motion. AYES: Commissioners Aiken, Loh, and Vice Chairman Peterson NOES: None REFRAIN: None ABSENT: Chairman Ready The motion carried 6-0. C8-20 Ittachment 7 SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5293-00 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 June 28, 2000, pursuant to a proceeding instituted under application ABAN 170-99, Jay Cook, applicant. ITEM REVIEWED: Request to abandon Ruth Street and a 10-foot section of Leff Street next to the railroad right-of-way DESCRIPTION: On file in the office of Community Development Department, City Hall. GENERAL LOCATION: 1201 Leff 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: Findincis 1. The proposed Leff Street right-of-way abandonment is consistent with the General plan because the Circulation Element identifies this street as a local street and adopted street improvement plans would not be compromised by the abandonment. 2. Development of a standard' street cross section with 40 feet of paving from curb to curb is impractical at this location because of the location of the railroad and the adjacent slope bank. 3. The proposed Ruth Street abandonment is consistent with the General Plan because the street does not serve any additional properties, is unimproved, and has not been used for public purposes since the railroad right-of-way was established at this location, and easements will be reserved to ensure access to utilities in the former right-of-way. 08-21 7 P1• Z Resolution No. 5293-00 Page 2 4. The proposed right-of-way abandonment is categorically exempt from the California Environmental Quality Act (CEQA) under Class 5, Minor Alterations in Land Use Limitations(Section 15305, CEQA Guidelines). NOW, THEREFORE, BE IT RESOLVED, that ABAN 170-99 be approved, subject to the following conditions: Conditions 1. Easements shall be reserved for any existing utilities owned by the City or the various utility companies that may have facilities within the right of way to be abandoned. Details and any specific conditions will be established prior to final action on the abandonment by the City Council. 2. Easements should be reserved for possible future access to a planned bike and pedestrian way within Ruth Street (10 ft. parallel with the railroad right-of-way) and from Leff Street, where the existing dirt access road connects with the railroad right- of-way. Final details are yet to be determined and will be done prior to City Council consideration of these abandonments. 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. Aiken, seconded by Commr. Loh, and on a separate roll call vote: AYE S: Commrs. Aiken, Cooper, Whittlesey, Peterson, Loh and Osborne NOES: None ABSENT: Commr. Ready Arnold B. Jonas, Secretary Planning Commission Dated: June 28, 2000 C8-22 Diane Reynolds.-DocMan Projec#Team views Page 1 From: Lee Price To: Baasch,Tom; Council Hearing Room; Jonas,Arnold; Mandeville,John; Price, Lee; Reynolds, Diane; Slate, Ann; Stuart, Diane; Whisenand, Ron Date: 8/9/00 Time: 12:OOPM - 1:30PM Subject: DocMan Project Team Interviews Place: Council Hearing Room I know this is lunch time...but it is the ONLY time I could get us all together in the next couple of weeks! I'll provide lunch...so please keep reading!!! This meeting is for learning more about your records, your processes and your needs when it comes to document management(electronic and paper). It will help the DocMan team provide information to the consultant who has been tasked with helping us write the specifications for the RFP for a citywide electronic document management system. Please take a look at the attached before the meeting to get your mind thinking about the kinds of things we will be asking....It is not necessary to fill out anything on the form....just be thinking about the questions in preparation for the meeting. Your attendance is much appreciated!