HomeMy WebLinkAbout07/16/2002, 5A - INITIATION OF PROCESS TO CONSIDER ABANDONMENT OF THE COURT STREET RIGHT-OF-WAY (ABAN 192-01; 999 MO council Meeh
7-16-02
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CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Director
Prepared By: Pam Ricci,Associate Planner M
SUBJECT: INITIATION OF PROCESS TO CONSIDER ABANDONMENT OF THE
COURT STREET RIGHT-OF-WAY (ABAN 192-01; 999 MONTEREY
STREET).
CAO RECOMMENDATION:
As recommended by the Planning Commission on June 26,2002,adopt a Resolution of Intention to
consider abandonment, and set a public hearing for August 20,2002.
REPORT IN BRIEF:
Court Street is a 40-foot wide piece of City right-of-way that runs between Higuera and Monterey
Streets (see Attachment 2). It is located on the west side of the surface parking lot owned by the
City, which is bordered by Monterey, Osos and Higuera Streets. The right-of-way currently
functions as part of the parking lot area and does not extend further to the north or south. Court
Street Partners, LLC, has applied for a full abandonment of the Court Street right-of-way to
accommodate the proposed building footprint of their mixed-use development project proposed on
the site.
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.
DISCUSSION:
Previous Review
The proposal to abandon the street right-of-way was reviewed by the City Planning Commission
on June 26, 2002. At that public hearing, the Planning Commission on a 4-2 vote (Commrs.
Boswell & Peterson voting no) 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. The Commission questioned why the
request was before them in advance of other project entitlements. The Commissioners who cast
dissenting votes were uncomfortable with the process and preferred to review the request with
other project entitlements. However, a majority of the Commission supported axecommendation
for approval given:
SB_+�
5A - /
Council Agenda Report
ABAN 192-01 (999 Monterey Street)
Page 2
• The limited nature of their purview — finding whether the right-of-way would be needed
for"present or future public street purposes";
• The fact that their action was a recommendation and not a final action; and
• The inclusion of the recommended condition that their support of the request was
contingent on all project approvals being secured and the Final Copelands Project EIR
being certified by the Council.
The attached draft resolution (Attachment 6) reflects conditions of approval recommended by the
Commission (also see Attachment 4, Planning Commission meeting follow-up letter and
Resolution,and Attachment 5, 6-26-02 Draft Planning Commission minutes).
Two members of the public spoke on the item. Mark Rawson, Copelands Project Architect of
APS Architects, explained in more detail plans for the "pedestrian street" in a portion of the
right-of-way. Mary Beth Shroeder noted that she was not in support of the abandonment and felt
that there was a superior project for the site.
Data Summary
Applicant: Court Street Partners,LLC
Adjacent Property Owners: City of San Luis Obispo (APN 002-433-001, 002, 003), Steven P. and
Rosalyn Carroll (APN 002-431-003), Covey 3 LLC (APN 002-431-004), and 955 Partnership,LLC
(APN 002-431-005).
Representatives: Architectural Production Services (APS) and Engineering Development
Associates(EDA)
Zoning of Adjacent Property: Central Commercial with the Historical Preservation & Planned
Development overlay zones(C-C-H-PD)
General Plan Designation of Adjacent Property: General Retail
Environmental Status: Categorically exempt under Class 1, Existing Facilities (Section 15301. (c)
of CEQA Guidelines).
Project Action Deadline: Not applicable.
Site Description
The project site is the 40-foot wide Court Street right-of-way, between Monterey and Higuera
Streets. The total area of abandonment is approximately 9,200 square feet. Presently, the right-of-
way is developed with a public parking lot, a sidewalk, landscaping and accessory structures. In
addition, the right-of-way is used for access and utility purposes by the adjoining properties.
Located in the downtown core, the site is surrounded by commercial uses, restaurants and offices.
Businesses adjacent to the right-of-way include: the Anderson Hotel, the Thai Palace Restaurant,
McCarthy's Bar, and Mo's Restaurant.
5A-2
Council Agenda Report
ABAN 192-01 (999 Monterey Street)
Page 3
Project Description
In conjunction with the proposed Court Street component of the Copelands Project, a portion of
the former right-of-way would accommodate the new building footprint,and a portion, which is a
minimum of 25 feet in width, would be improved as a privately maintained corridor for
pedestrian, utility, building egress, and emergency access. The City owns fee title to easterly 25
feet of the right-of-way to be abandoned, which would with approval of the Copelands Project be
sold to the applicant, Court Street partners, LLC. The adjacent three property owners immediately
to the west own the westerly 15 feet. With approval of the proposed abandonment, the property
included in the former right-of-way area would be available for private use, and the new property
line separating the aforementioned affected properties would be located along the shared edge.
The western edge of the new Court Street project's building footprint will meander within the
abandoned right-of-way, but in no case will be closer than 10 feet to the new property line (see
Attachment 3).
Objectives of Request
The proposed abandonment would accomplish three objectives:
1.) It would facilitate construction of the new Court Street project, which was identified
by the Council as"the highest priority private development project in the City".
2.) The three adjacent property owners to the west would gain 15 feet in width of
additional developable property, which would allow their existing buildings to
remain in conformance with City codes. The adjacent property owners already own
"fee title" to the land underlying the original (15 foot-wide) Court Street right of
way. The abandonment merely eliminates the "public use"that currently encumbers
the respective parcels.
3.) It would eliminate the City's costs to maintain this public right-of-way that provides
access to a limited number of privately owned properties.
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 Circulation Needs
The General Plan Circulation Element designates Court Street as a Local Commercial Street.
While designated as a local street, it currently functions as a driveway and parking spaces of the
5A-3
Council Agenda Report
ABAN 192-01 (999 Monterey Street)
Page 4
City's surface parking lot, rather than a typical street segment. The right-of-way is bordered on the
east by the public parking lot and on the west by three privately owned parcels. According the
General Plan,there are no plans to utilize Court Street as a more typical street segment or otherwise
extend it as it is confined by existing downtown development. Based on there being a sufficient
number of north-south oriented through streets in the immediate vicinity, including Chorro, Morro,
Osos and Santa Rosa, it can be concluded that the Court Street right-of-way is not necessary for
existing and future vehicular traffic circulation needs. However, Court Street provides legal access
to the three privately owned properties that will need to be maintained.
As described in the Project Description section of this report, a portion of the former right-of-way
would be improved as a privately maintained corridor for pedestrian, utility, building egress, and
emergency access that is a minimum of 25' in width with the development of the proposed Court
Street project. An easement would be recorded to assure that this corridor was reserved for its
intended purposes. In addition, there would be an easement to allow the City access to the San
Luis Creek drainage structure, which runs diagonal across a portion of the right-of-way and was
recently upgraded as part of the Higuera Street Bridge project. The area is primarily intended to
be used by pedestrians and through vehicular access would be prohibited. Retractable bollards at
either end of the corridor would be used to prevent passenger vehicles from using it. However, a
minimum 20-foot wide drive aisle through the privately maintained corridor will be maintained
for emergency access.
Plans are for a Private Business Improvement District (PBID) to be formed between Court Street
Partners and the other three property owners that abut the right-of-way to be abandoned. An
agreement would be executed between these property owners regarding the shared use of the
pedestrian corridor and applicable restrictions. Covered under the PBID agreement would be
common trash areas and appropriate loading facilities. The intention is that the pedestrian
corridor would not be used for either trash or deliveries and that vehicles providing these services
would not have access to the area.
With the abandonment, the adjacent property owners would -benefit from having a more
aesthetically pleasing corridor that they could use portions of outside of the 20-foot clear area for
emergency access, for things like outdoor dining. Control of outdoor dining and placement of other
improvements in the corridor would be accomplished through the PBID. For these reasons, the
Planning Commission concluded that the right-of-way abandonment would not adversely impact
the existing properties or businesses in the immediate area and in fact, would provide opportunities
to enhance uses on the respective properties.
2. Disposition of Abandoned Right-of-Way
The City owns fee title to easterly 25 feet of the right-of-way to be abandoned, and the adjacent
three property owners immediately to the west own the westerly 15 feet. The sale or disposition of
City-owned property must follow the procedures of the City's Property Management Manual,
which requires that the Council deem the property surplus.
5A-4
Council Agenda Report
ABAN 192-01 (999 Monterey Street)
Page 5
As documented in the previous section of the Evaluation portion of this report,the subject right-of-
way is no longer needed for existing and future vehicular traffic circulation needs. Proposed
easements will assure that other previously described access issues will be addressed. Therefore,
the Planning Commission supported the abandonment and the private use and ownership of the
underlying property.
3. General Plan Consistency Determination
Consistent with Government Code Section 65402, the Council is also being asked to make a
General Plan determination on the sale or exchange of the City-owned property underlying the
eastern 25 feet of the right-of-way. This means that a determination needs to be made on whether
the right-of-way will be needed for present or future public street purposes. As previously
discussed, the right-of-way is not needed for vehicular circulation, which makes the proposed
abandonment consistent with the Circulation Element.
Government Code Section 54222 requires the offer of the abandoned right-of-way property to: the
Housing Authority for low-income housing; the Parks and Recreation Department for recreational
or open space purposes; the San Luis Coastal School District for school purposes; or any other
entity of association desiring to purchase or lease the land for low- and moderate-income housing
opportunities. It was the Planning Commission's opinion that the property underlying the street
right-of-way was not suitable for housing development or recreational purposes given its location
and small size. Therefore, the Commission recommended that the Council find that the proposed
abandonment is consistent with the General Plan.
4. Public Utilities
Pacific, Gas & Electric Company (P.G.&E.) has secondary service lines and boxes within the
Court Street right-of-way. Certain facilities will need to be relocated prior to construction of the
proposed new building. The City also has and maintains an existing public water main and three
water meters within the right-of-way. The water main would be abandoned and the meters
relocated to the Monterey Street sidewalk. Private water service laterals will be extended from
the new meter locations to the points of service for each business. If the Council determines that
the right-of-way should be abandoned, easements would be reserved for private and public
utilities to the satisfaction of the Public Works Director.
The Planning Commission found that the proposed right-of-way abandonment, as conditioned,
would not adversely impact existing or future public utilities in the immediate area or in the City as
a whole.
5. Relationship to the Copelands Project
The abandonment is proposed to accommodate the planned Court Street component of the
Copelands Project. Because of the number of hearings required for the abandonment and the
relatively short timeframe that the City has to process the project under the Council-approved
Memorandum of Understanding (MOU) with the applicant, the initiation of the abandonment is
5A-5
Council Agenda Report -
ABAN 192-01 (999 Monterey Street)
Page 6
preceding other project entitlements. Final abandonment would not become effective until the City
property to the east of the abandoned right-of-way is sold to the applicant, which is conditioned on
all necessary project approvals being secured and the Final EIR being certified by the City Council
after its review by the Planning Commission. In addition, the abandonment component is
considered to be categorically exempt under CEQA.
CONCURRENCES
The Public Works Department asked for the reservation of easements, noted lot merger
requirements, and outlined infrastructure maintenance responsibilities. The Utilities Department
asked for conditions related to water and wastewater facilities. The Fire Department wanted to
assure that provision for emergency vehicle access would be provided.
FISCAL IMPACT
Prior to final abandonment, the City will need to determine an appropriate cost to the applicant for
the additional portion of the abandoned right-of-way that they would obtain beyond that assumed
with earlier negotiations, along with the adjacent City property. Because it is a dedicated right-of-
way, the adjacent property owners on the west would obtain unencumbered property ownership of
their adjacent 15 feet of the right-of-way at no cost. The City would realize some minimal fiscal
benefit because it would no longer have the maintenance responsibilities for the right-of-way.
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: Vicinity Map
Attachment 2: Map of Abandonment Area
Attachment 3: Map showing proposed easement& adjacent building footprint
Attachment 4: Planning Commission follow-up letter for 6-26-02 meeting including Resolution
No. 5340-02
Attachment 5: Draft Minutes for Planning Commission meeting of June 26, 2002 (to be
provided to Council as soon as completed)
Attachment 6: Draft Resolution"A" - Resolution of Intention to Consider Abandonment
LACopelands\staff reports\ABAN 192-01 (CC report)
5A-6
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OBISPO
990 Palm Street, San Luis Obispo, CA 93401-3249
June 27, 2002
Tom Copeland
Court Street Partners, LLC
P.O. Box 1348
San Luis Obispo, CA 93406
SUBJECT: ABAN 192-01: 999 Monterey Street
Request to abandon the Court Street right-of-way to accommodate
the proposed Copeland's mixed-use project
Dear Mr. Copeland:
The Planning Commission, at its meeting of June 26, 2002, recommended that the City
Council approve the abandonment, and deem that the property underlying the
abandoned right-of-way is surplus property that may be sold or exchanged at a fair
market value as determined by a certified real estate appraiser in accordance with City
Property Management procedures, based on the information 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 August 20, 2002. This date, however, should be verified with
the City Clerk's office (805) 781-7102.
If you have any questions, please contact Pam Ricci at (805) 781-7178.
Sincerely,
cc: County of SLO Assessor's Office
eonal isenand
Deputy Community Development Director Mark Rawson
Development Review APS Architects
444 Higuera Street
Attachment: Resolution No. 5340-02 San Luis Obispo, CA 93401
OThe City of San Luis Obispo is committed to include the disabled in all of its services,programs andlesto
(✓� Telecommunications Device for the Deaf(805)781.7410.
Attachment 4
PLANNING COMMISSION
RESOLUTION NO. 5340-02
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE CITY COUNCIL OF
ABANDONMENT OF THE COURT STREET RIGHT-OF-WAY
APPLICATION # 192-01
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted
a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on June 26, 2002, for the purpose of considering Application ABAN 192-01,
abandonment of the Court Street right-of-way; and
WHEREAS, said public hearing was for the purpose of formulating and
forwarding recommendations to the City Council of the City of San Luis Obispo
regarding the project; and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by law; and
WHEREAS, the proposed abandoned is categorically exempt under Class 1,
Section 15301. (c) of the California Quality Act (CEQA) Guidelines; and
WHEREAS, the Planning Commission has duly considered all evidence,
including the testimony of the applicant, interested parties, and the evaluation and
recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission has
concluded that the abandonment of the Court Street right-of-way is consistent with the
City's General Plan, and that the City-owned property, underlying the street right-of-
way, is surplus property, based on the following findings:
1. The proposed right-of-way abandonment, with the reservation of appropriate
emergency and pedestrian access easements, and the related sale or exchange of
the underlying land, is consistent with the General plan because it is no longer
needed for present or future public street purposes.
2. The right-of-way abandonment will benefit the general public by eliminating the
City's costs for maintaining pavement and infrastructure within the right-of-way, and
it will facilitate the construction of the Court Street Mixed-Use Project, an infill
development in the downtown core.
3. This City-owned property is not suitable for development of public facilities or
affordable housing given its relative small size and shape.
4. The proposed right-of-way abandonment and disposition of the surplus property is
exempt under Section 15301 of the.California Environmental Quality Act.
5A-11
Resolution No. 5340-02 Attachment 4
Page 2
Section 2. Recommendation. The Planning Commission does hereby
recommend to the City Council approval of the abandonment application [APPL 192-01]
and directs that the property be sold or exchanged at a fair market value as determined
by a certified real estate appraiser, subject to the following conditions:
1. The abandonment shall include the reservation of necessary easements for
public pedestrian access, public and private utilities, emergency access, ingress
and egress to buildings on the adjacent properties, private and public drainage,
to the satisfaction of the Public Works Director and the various utility companies.
The "public" drainage easement shall be reserved only for that portion of the
newly constructed Higuera Street "under-city culvert' that lies within the
abandonment area. Specific details will be determined during the abandonment
process, prior to adoption of a final abandonment resolution by the City Council.
2. All utility relocations, conversion of utilities from public to private, and meter
relocations shall be completed prior to recordation of abandonment, unless an
agreement to construct the necessary revisions and adequate sureties have
been posted, to the satisfaction of the Public Works Director, Utilities Director,
Chief Building Official and affected utility companies.
3. Any building code upgrades required for the proposed abandonment and adjusted
property lines shall be reviewed, approved, permitted, and receive final inspection
approvals to the satisfaction of the city prior to recordation.
4. The final abandonment shall not become effective until the City Council has
certified the Final EIR for the Copelands Project, and all required Planning
entitlements for the project have been secured.
On motion by Commr. Aiken, seconded by Commr. Loh, and on the following roll call
vote:
AYES: Commrs. Aiken, Loh, Osborne, and Caruso
NOES: Commrs. Peterson and Boswell
REFRAIN: None
ABSENT: Commr. Cooper
The foregoing resolution was passed and adopted this 26th day of June, 2002.
Pnald Whisenand; Secreta
anning Commission
5A-12
i
Attachment 5
The Draft Planning Commission minutes of
June 26, 2002 will be provided to the Council
as soon as they become available.
5A-13
Attachment 6
RESOLUTION NO. (2002 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON THE COURT STREET RIGHT-OF-WAY,
BETWEEN MONTEREY AND HIGUERA STREETS
(ABAN 192-01)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on June 26, 2002, for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request for abandonment of the Court
Street right-of-way between Monterey and Higuera Streets;
WHEREAS, title reports show that the City of San Luis Obispo has fee ownership of the
easterly 25 feet of the Court Street right-of-way, and the three adjacent property owners to the
west have fee ownership to the westerly 15 feet of the Court Street right-of-way, and the City has
received a request to quitclaim its rights to said property; and
WHEREAS, the disposition of City-owned property must be done in accordance with the
City Charter(Section 906), the California Government Code (Sections 54222 and 65402) and the
procedures of the City's Property Management Manual; 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, incorporated herein by reference;
WHEREAS, the City Planning Commission found the land underlying the right-of-way
to be surplus City property and the disposal of said property to be consistent with the General
Plan and the City's Property Management Manual.
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 the above-referenced public right-of-way as shown on the map marked
Exhibit "1", 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:
Findings:
1. The proposed right-of-way abandonment, with the reservation of appropriate emergency
and pedestrian access easements, and the related sale or exchange of the underlying land, is
consistent with the General Plan because it is no longer needed for present or future public
street purposes.
5A-14
City Council Resolution i _ (2002 Series) %
ABAN 192-01(Court Street) Attachment 6
Page 2
2. The right-of-way abandonment will benefit the general public by eliminating the City's
costs for maintaining pavement and infrastructure within the right-of-way, and it will
facilitate the construction of the Court Street Mixed-Use Project, an infill development in
the downtown core.
3. This City-owned property is not suitable for development of public facilities or affordable
housing given its relative small size and shape.
4. The proposed right-of-way abandonment and disposition of the surplus property is exempt
under Section 15301 of the California Environmental Quality Act.
Conditions:
1. The abandonment shall include the reservation of necessary easements for public
pedestrian access, public and private utilities, emergency access, ingress and egress to
buildings on the adjacent properties, private and public drainage, to the satisfaction of the
Public Works Director and the various utility companies. The "public" drainage
easement shall be reserved only for that portion of the newly constructed Higuera Street
"under-city culvert" that lies within the abandonment area. Specific details will be
determined during the abandonment process, prior to adoption of a final abandonment
resolution by the City Council.
2. All utility relocations, conversion of utilities from public to private, and meter relocations
shall be completed prior to recordation of abandonment, unless an agreement to construct
the necessary revisions and adequate sureties have been posted, to the satisfaction of the
Public Works Director, Utilities Director, Chief Building Official and affected utility
companies.
3. Any building code upgrades required for the proposed abandonment and adjusted property
lines shall be reviewed, approved, permitted, and receive final inspection approvals to the
satisfaction of the city prior to recordation.
4. The final abandonment shall not become effective until the City Council has certified the
Final EIR for the Copelands Project, and all required Planning entitlements for the project
have been secured.
5. The final abandonment shall not become effective until the City has sold the adjacent
property to the east of the abandoned right-of-way to the applicant.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment
are on file in the office of the City Clerk, at 990 Palm Street.
5A-15
City Council Resolution 1\ , (2002 Series) i
Attachment 6
ABAN 192-01(Court Street)
Page 3
SECTION 3. Tuesday, August 20, 2002, 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.
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 16th day of July 2002.
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
APPROVED:
C' 4
me Je ey Jorgensen
Attachment: xhibit"A"- Street right-of-way Abandonment Map
LACopelanndsWBAN 192-01 (CC Res.of Intention)
5A-16
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EXHIBIT 1
COURT STREET ABANDONMENT
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[3 LITIL DIR JUNE 269 2002 ID 11E*
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CALL TO ORDR/PLEDGE OF ALLEGIANCE
The San Luis Obispo Planning Commission was called to order at 7:05 p.m. on
Wednesday, June 26, 2002, in the Council Chamber of City Hall, 990 Palm
Street, San Luis Obispo, California.
ROLL CALL:
Present: Commissioners Stephen Peterson, Jim Aiken, James Caruso,
Michael Boswell, Vice Chair Orval Osborne, and Chairwoman Alice
Loh.
Absent: Commissioner Allan Cooper.
Staff: Associate Planner Pam Ricci, Planning Technician Tyler Corey,
Economic Development Manager Shelly Stanwyck, Deputy Director
of Public Works Tim Bochum, Deputy Community Development
Director Ronald Whisenand, Assistant City Attorney Gil Trujillo, and
Recording Secretary Irene Pierce.
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as presented.
ACCEPTANCE OF THE MINUTES:
The Minutes of April 10th, 2002 were accepted as amended. The Minutes of May
22, 2002 were accepted as amended.
PUBLIC COMMENTS ON NON-AGENDA ITEMS:
Mary Beth Schroeder, 2085 Wilding Lane, expressed her displeasure with mixed-
use development projects proposed in the community.
There were no further comments made from the public.
PUBLIC HEARINGS:
1. 999 Monterey Street ABAN 192-01; Request to abandon the Court
Street right-of-way to accommodate the proposed Copeland's mixed use
project; C-C-H-PD zone; Tom Copeland, applicant.
Associate Planner Pam Ricci presented the abandonment request and noted the
recommendation to the City Council to approve the abandonment, based on
findings, and subject to conditions.
Draft Planning Commission n„�wtes
June 26, 2002
Page 2
Commr. Aiken asked if the westerly right-of-way line was up against the face of
the buildings, or was it at the face of the existing sidewalk.
Planner Ricci explained that it fairly close to the face of the buildings.
Commr. Aiken questioned if the entire 40-feet of right-of-way is proposed for
abandonment.
Planner Ricci replied yes.
Commr. Aiken asked for clarification on where the new property line would be
located.
Planner Ricci explained the property line would. be approximately 15 feet away
from the face of the buildings on the west side of the Court Street right-of-way.
She noted that as shown on Exhibit 1, the total right-of-way is 40-feet wide, with
the western 15 feet reverting to the three owners on the west, and the 25 feet,
which is adjacent to the City-owned property, would revert to City ownership.
Deputy Public Works Director Tim Bochum reiterated that 15 feet of the
abandoned right-of-way would revert to the westerly properties, and that 25 feet
would revert to the property on the east, which is owned by the City.
Commr. Caruso requested an explanation on what the full process is to abandon
City right-of-way.
Planner Ricci explained that this hearing is for the Planning Commission to make
a recommendation to the City Council on the consistency of the abandonment
with the General Plan. She explained that the next step in the process would be
for the City Council to adopt a resolution of intention to abandon, which would
then set a subsequent hearing for the final abandonment.
Assistant City Attorney Gil Trujillo explained the Planning Commission's role is
solely limited to the land use issues, which is whether the abandonment is
consistent with the General Plan.
PUBLIC COMMENTS:
Mark Rawson, Project Architect, 444 Higuera Street, explained that the adjacent
property owners alongside the Anderson Hotel were aware of the process that is
being brought forward. He stated there would be a minimum 25-foot wide
easement/pedestrian street.on the west side of the proposed Court Street project
that would provide for emergency vehicle access, utilities, and public ingress and
egress.
MaryBeth Schroeder, 2085 Wilding Lane, SLO, expressed her disapproval of the
abandonment, and felt that there was another better project for the site.
Draft Planning Commission'io...tutes
June 26, 2002
Page 3
There were no further comments made from the public.
COMMISSION COMMENTS:
Commr. Peterson expressed his discomfort with the process regarding the
review of this abandonment. He commented that it was too early to make the
call that the proposed right-of-way abandonment is no longer needed for public
purposes.
Vice-Chair Osborne expressed a concern that this project is being broken up into
little parts, and felt that it was the Commission's policy is to look at all of the
elements of a project together.
Chairwoman Loh commented that she had no problem with the abandonment
proceeding at this time. She suggested that the wording of Finding No. 1 be
changed to clarify that the right-of-way was no longer need for public "street"
purposes.
Commr. Aiken moved for approval as recommended by the staff, which was
seconded by Chairwoman Loh.
Commr. Aiken commented that the process has sufficient safeguards in it and
that he was comfortable with proceeding.
Deputy Community Development Director Ronald Whisenand offered modified
wording for Finding No. 1 as follows: "the proposed right-of-way abandonment,
with reservations of appropriate emergency and pedestrian access easements
and the related sale or exchange of the underlying land is consistent with the
General Plan because it is no longer needed for present or future public street
purposes."
The motion-maker and second accepted this suggested modification.
Assistant City Attorney Trujillo presented a brief summary on the statutes of the
streets and highway codes that governs the abandonment action being
considered. He mentioned that the code indicated that the Commission had 40
days to file a report on the consistency of the abandonment with the General
Plan.
Commr. Boswell asked if this item were to be continued would they be in
jeopardy of violating the 40-day limit?
Assistant City Attorney Trujillo replied yes.
Commr. Boswell mentioned that he is against the right-of-way abandonment
because there is not a final project before them to make a decision about
whether it is consistent with that project.
Draft Planning Commission lo„,wtes J
June 26, 2002
Page 4
Commr. Caruso asked when the abandonment application was received and if
they are within the 40-day time period right now.
Deputy Director Whisenand explained it would be the date the application was
deemed complete.
Assistant City Attorney Trujillo explained it is within 40 days from the date that
the matter was submitted to the Planning Commission, which could be
interpreted as today.
Commr. Caruso expressed his discomfort with the process, and stated that he
would like to abstain from this motion.
Deputy Director Whisenand noted that an abstention is considered a yes vote for
the motion.
Commr. Peterson asked who the applicant is for this project.
Deputy Director Whisenand replied Tom Copeland or Copeland's Partners LLC.
Commr. Peterson questioned why the application could not be submitted later.
Deputy Director Whisenand explained the issue comes down to timing and this
project has a very tight timeframe based on the terms included in the Council-
approved MOU.
Deputy Works Director Tim Bochum explained there is no assurance with a
continuance that this would not detach itself anyway from the review of the
project by the Planning Commission. He explained the abandonment alternative
before them allowed for the greatest flexibility in terms of the proposed Court
Street Project.
Mr. Rawson noted that the final abandonment and transfers of property were all
contingent on all of the other required project approvals being secured.
Economic Development Manager Shelly Stanwyck explained the Council
approved an amended Memorandum of Understanding (MOU), which includes a
guaranteed price for the construction of a parking and office structure so long as
construction begins by early October 2002.
Commr. Aiken mentioned that the applicant has demonstrated a willingness to
work with the City, and that the City in turn through the Council has worked with
the applicant to develop a MOU; because of these circumstances, he felt that it
was appropriate to move ahead on this project.
Commr. Osborne mentioned that the Planning Commission's role is to decide
whether this is consistent with the General Plan. He questioned if the Planning
Draft Planning Commission lwalutes
June 26, 2002
Page 5
Commission's determination of this abandonment's consistency with the General
Plan would not be recorded until the City Council's final approval of the project.
Planner Ricci explained the Planning Commission would be making a
recommendation to the City Council on the General Plan Consistency, which
would be forwarded to the Council with their report.
Deputy Director Whisenand noted that the abandonment would not become final
until the City Council certifies the project EIR and all the other project
entitlements have been approved.
Planner Ricci explained that the Commission's purview in terms of making the
General Plan Consistency finding is whether or not the right-of-way is needed for
"present or future street purposes". She emphasized that the abandonment
would not take effect until all the project entitlements have been secured and the
final EIR is certified.
Commr. Caruso expressed his discomfort about the incremental approach to
these project reviews, but indicated that he could support the motion based on
narrowing the focus to the General Plan consistency call. He explained that the
discussion regarding Court Street not being needed for future circulation
purposes as a local commercial street persuaded him to support the motion.
Commr. Boswell asked if they retain right-of-way for sidewalk.
Planner Ricci explained that sidewalk is typically located along city street.
frontages and is part of the total right-of-way. She noted that, in this particular
case, an easement would be recorded to create a pedestrian street to allow for
continued public access through the site.
Mr. Rawson commented that in effect it would be no different than if it were a
public right-of-way as far as a sidewalk goes.
Chairwoman Loh asked if they would be taking care of the removal of the
underground utilities.
Mr. Rawson replied yes.
Deputy Works Director Bochum explained their department determines whether
the right-of-way or an easement is the most appropriate mechanism for
preserving pedestrian and/or bicycle access. He noted that staffs
recommendation on this abandonment is consistent with what has been done on
other similar requests.
Commr. Boswell questioned if this project would maintain an easement.
Deputy Works Director replied yes..
Draft Planning Commission i....Lutes
June 26, 2002
Page 6
Commr. Boswell asked if this would maintain citizens legal rights as far as this
being public space.
Assistant City Attorney Trujillo explained this is not in the purview of the Planning
Commission, but the City Council's decision to make.
Assistant City Attorney Trujillo noted the by-laws provide that all Commissioners
present must vote on a motion, unless there is a stated conflict of interest, and
that a failure to participate in a vote is deemed an affirmative vote.
AYES: Commrs. Aiken, Chairwoman Loh, Osborne, and Caruso.
NOES: Commrs. Peterson and Boswell.
ABSENT: Commr. Cooper.
ABSTAIN: None.
The motion carried 4-2.
Vice-Chair Osborne suggested to the staff that they pay very close attention to
avoiding piecemealing this project.
Chairwoman Loh noted an editorial comment on the resolution.
2. 919 Palm Street ABAN 193-01; Request to abandon a portion of
Morro Street to accommodate the proposed office/parking structure
project; C-C-H zone; Copeland's Properties, applicant.
Associate Planner Pam Ricci presented the abandonment request and noted the
recommendation to the City Council to approve the abandonment, based on
findings, and subject to conditions.
Commr. Aiken asked if the dashed lines on the project map are representing curb
lines.
Deputy Works Director Bochum explained that they reflect the current curb line
location on Morro and Palm Streets
Commr. Aiken asked if the curb and gutter on Palm Street is going to move into
the existing street area.
Deputy Works Director Bochum replied yes.
Commr. Aiken asked if the sidewalk would be widened.
Deputy Works Director Bochum replied yes.
Draft Planning Commission N...tutes —
June 26, 2002
Page 7
Commr. Aiken asked if parking along Palm Street would be eliminated.
Deputy Works Director Bochum responded that currently there is a trolley stop
and one parking stall between the two driveway aprons. He explained that the
one stall would be lost and that the trolley stop would be relocated as part of the
project.
Commr. Aiken asked if the reason for the curb alignment is to have better
pedestrian circulation or to enhance the circulation within the parking garage.
Deputy Works Director Bochum clarified that the Palm Street improvements do
not require any abandonment of public right-of-way, but only require that the curb
be extended out into the parking lane.
Commr. Aiken asked whether the curb alignment would be changed for the entire
length of Palm Street.
Deputy Works Director Bochum responded that not the entire section, only the
section to where the existing library is.
Chairwoman Loh asked if the 50 feet of right-of-way exists or is proposed.
Deputy Works Director Bochum explained that the right-of-way is currently 50
feet and will be 45 feet with abandonment for the extent of the project site along
Morro Street.
Chairwoman Loh noted that there is 60 feet of right-of-way on Palm Street. She
asked that if the sidewalk is enlarged, will the right-of-way still be 60-feet, but the
street pavement narrowed.
Deputy Works Director Bochum replied yes.
Mark Rawson, 444 Higuera Street, Project Architect, mentioned that the building
would actually encroach only 1-foot, 8-inches into the right-of-way. He explained
that that the 5-foot abandonment was discussed because it. would allow for
enhanced frontage improvements, including a wider sidewalk and planters, and
would preserve a wider plaza, which is proposed between the new building and
the existing library.
Chairwoman Loh noted that the Morro Street right-of-way has been reduced to
45 feet, but the sidewalk has been increased in width.
Mr. Rawson explained there are currently five parallel spaces along Morro Street
that would be lost with project development. He noted that the new public
parking garage with its 243 spaces outweigh the loss of the five spaces.
Draft Planning Commission i.,,,iutes
June 26, 2002
Page 8
Chairwoman Loh noted there would be land gained by the loss of the five parking
spaces and that the Morro Street sidewalk would be widened from 5 feet to 7
feet.
Mr. Rawson explained yes, and explained that currently the five parallel parking
spaces are only 7 feet in width, which does not currently meet parallel parking
space requirements.
Deputy Public Works Director Bochum explained that there would be a 10-foot
wide area, which would include sidewalk, street trees, landscaped planters and
other street furniture, made up partly of the 5-foot abandoned area, and partly
from the remaining right-of-way along the affected Morro Street frontage.
PUBLIC COMMENTS:
MaryBeth Schroeder, 2085 Wilding Lane, SLO, suggested this project go back to
the drawing board.
There were further comments made from the public.
COMMISSION COMMENTS:
Commr. Aiken moved for approval as recommended by staff, pointing out that
the proposed abandonment of the portion of Morro Street as depicted in Exhibit 1
is consistent with the General Plan. Seconded by Vice-Chair Osborne.
Chairwoman Loh expressed a concern with Finding No. 1, which says that the
abandonment is consistent with the General Plan because the right-of-way is no
longer needed for public purposes.
Planner Ricci asked if she would like staff to revise the language as was done
with Item 1.
Chairwoman Loh replied yes. She expressed a concern with Finding No. 2,
suggesting that the references to the benefits to the City by eliminating
maintenance costs be stricken.
Commr. Aiken commented that this abandonment was a different situation from
Court Street. He noted that a portion of the abandoned right-of-way would be
occupied by the building, and that another portion would be used for enhanced
pedestrian access.
Planner Ricci clarified that the intention of Finding No. 1 was to indicate that even
without this 5-foot wide by 186-foot long portion of the right-of-way, the street
would continue to function appropriately as a local commercial street. She
suggested some language modifications to the finding.
Draft Planning Commission n...lutes -
June 26, 2002
Page 9
Commr. Aiken replied if she could come up with something that would satisfy the
motion-maker, second, and Chairwoman Loh that he would support it.
Deputy Director Whisenand suggested modifying the finding as follows: "The
proposed right-of-way abandonment, and the related sale or exchange of the
underlying land, is consistent with the General Plan because it is no longer
needed for public street purposes, and Morro Street would continue to function
as a local commercial street as envisioned the Circulation Element.
The motion-maker, second, and Chairwoman Loh all complied with the revised
language.
There was discussion on Chairwoman Loh's suggested amendment to Finding
No. 2.
Deputy Works Director Bochum explained there would be a smaller reduction in
maintenance costs with abandonment, but it is minor.
The motion-maker and second did not accept Chairwoman Loh's amendment-for
Finding No. 2.
Commr. Boswell indicated that he would not support the motion because he felt
that it was necessary to have the abandonment concurrently reviewed with the
project to make a decision on General Plan consistency.
Commr. Peterson noted that he also did not support the motion, and concurred
with Commr. Boswell's comments..
AYES: Commrs. Aiken, Osborne, Caruso, and Chairwoman Loh.
NOES: Commrs. Peterson and Boswell.
ABSENT: Commr. Cooper.
ABSTAIN: None.
The motion carried 4-2.