HomeMy WebLinkAbout07/16/2002, 5B - INITIATION OF PROCESS TO CONSIDER ABANDONMENT OF A PORTION OF THE MORRO STREET RIGHT-OF-WAY BETWEEN i
council Meeting Datc
7-16-02
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CITY OF SAN LUIS O B I S P O
FROM: John Mandeville, Community.Development Director
Prepared By: Pam Ricci,Associate Planner PR
SUBJECT: INITIATION OF PROCESS TO CONSIDER ABANDONMENT OF A PORTION
OF THE MORRO STREET RIGHT-OF-WAY BETWEEN PALM AND
MONTEREY STREETS (ABAN 193-01; 919 PALM 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:
The applicant, Court Street Partners, LLC, is asking the City to abandon the easterly 5 feet of the
Morro Street right-of-way, for an approximate length of 186 feet from the intersection of Palm and
Morro Streets (Attachment 2). The existing Mono Street right-of-way is 50 feet wide. The
purpose of this request is to facilitate development of the Palm/Morro Office/Parking Structure that
is a component of the Copelands Project. Court Street Partners, LLC, has applied for the minimal
abandonment of the Morro Street right-of-way to allow for a more efficient internal parking layout,
to provide a wider sidewalk, and to accommodate proposed street trees and landscaping areas
adjacent to the building.
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 attached draft resolution (Attachment
5) reflects conditions of approval recommended by the Commission (also see Attachment 3,
Planning Commission meeting follow-up letter and Resolution, and Attachment 4, 6-26-02 Draft
Planning Commission minutes). C
moi'1
Council Agenda Report
ABAN 193-01 (919 Palm Street)
Page 2
Two members of the public spoke on the item. Mark Rawson, Copelands Project Architect of
APS Architects, noted the relatively minor encroachment of the actual building into the right-of-
way, and elaborated on the processing approach of the abandonment versus an encroachment
permit. He explained the logic of the encroachment in allowing for a more functional parking
structure as well as a wider-public plaza between the library, and the new structure. Mary Beth
Schroeder suggested that the project"go back to the drawing board."
Tim Bochum, Deputy Director of Public Works, clarified that there would be a 13-foot wide
vehicle lane provided on Morro Street with abandonment. He added 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:
On February 5, 2002, the City Council reviewed changes to the Pahn/Morro Office/Parking
Structure and supported the concept of the five-foot encroachment into the right-of-way. The basis
of the Council's support was that the functionality of the proposed structure would be enhanced, as
well as the proposed Library Plaza maintained at an adequate width.
Data Summary
Applicant/Property Owner: Court Street Partners, LLC
Representatives: Architectural Production Services (APS) and Engineering Development
Associates(EDA)
Zoning of Adjacent Property: Central Commercial with the Historical Preservation overlay zone
(C-C-H)
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 a paved street with sidewalk, curb and gutter. The total area of abandonment is
approximately 930 square feet (5 feet wide and 186 feet long). The right-of-way is encumbered by
various public and private utilities, including water, sewer, electrical, and communications. A
2,500 square-foot office building and a private parking area occupy the property to the east. The
City Public Works Department and a public parking lot occupy the property directly to the west.
Surrounding land uses include: the City-County Library, City Hall complex, the Palm Street
Parking Structure, the JP Andrews Building, the Public Works Department, offices, and retail
shops.
Proiect Description
The proposed project is the requested abandonment of a small portion of the public right-of-way.
5B-2
i
Council Agenda Report
ABAN 193-01 (919 Palm Street)
Page 3
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. General Plan Consistency Determination
According to the City's General Plan Circulation Element, this segment of Morro Street is
designated a Local Commercial Street that serves the downtown commercial area by channeling
traffic to commercial collectors and arterials such as Monterey, Higuem and Marsh Streets. The
Circulation Element calls for local commercial streets to have two travel lanes.
The partial right-of-way abandonment would allow Morro Street to continue functioning as a local
commercial street. The narrower right-of-way would be reconfigured or re-striped to maintain two
travel lanes with some on-street parking. This narrowing of the traveled way will be accomplished
by the removal of parallel parking on the east side of the street..
Encroachments into the public right-of-way are not normally supported by staff because of impacts
to the public, particularly the loss of public parking. However, because the project is creating new
off-street parking spaces within the garage,which will eventually become public,the encroachment,
and use of a portion of the right-of-way to make the garage more efficient,is a good use of this five-
foot public space. The northbound travel lane will be 13 feet wide in order to accommodate larger
vehicles and allow adequate area for vehicles and bicyclists to share the travel lane. .,
According to the General Plan, there are no future plans to extend or widen this segment of Morro
Street. There is also discussion about the possible future closure of Monro Street to accommodate a
bicycle and pedestrian boulevard, which is described in the Conceptual Physical Plan for the City
Center. Based on this information, it can be concluded that abandoning a portion of the Mono
Street right-of-way will not affect the street capacity to serve traffic in the immediate area, and by
creating the pedestrian plaza surrounding the parking structure, in tandem with the wider sidewalks
along Palm Street and Morro Street, should improve pedestrian capacity and access. The Planning
Commission agreed with these conclusions and found that the proposed partial abandonment was
consistent with the General Plan.
2. Disposition of Abandoned Right-of-Way
The sale or disposition of City-owned property must follow the procedures of the City's Property
Management Manual, which requires that the property be deemed surplus before it is abandoned.
The Council's role is to determine if this land is surplus property. The Council would approve the
final disposition of the property after the details have been worked out between the applicant and
5B-3
Council Agenda Report
ABAN 193-01 (919 Palm Street)
Page 4
City staff. Final abandonment would not become effective until the property is sold. Public Works
will be the lead department in this matter.
3. Public Utilities
The Morro Street right-of-way is encumbered by public and private utilities, including water,sewer,
electrical, communications, etc. Utilities located within the proposed abandonment area include:
electrical vaults, water meters, gas meters and telephone. The applicant is proposing to relocate all
affected utilities to the satisfaction of the Public Works Director.
The Public Works Department supports the proposed abandonment, subject to relocation of
affected facilities and reservation of necessary easements. If the Council determines that all or a
portion of any"excess" right of way should be abandoned, easements must be reserved for public
and private utilities to the satisfaction of the City and the respective utility companies. These
easements will insure that the affected local utilities retain rights to repair and service their
facilities within the area proposed for abandonment.
With utility relocation and reservation of appropriate easements, the proposed right-of-way
abandonment will not adversely impact existing or future public utilities in the immediate area or in
the City as a whole.
4. Relationship to the Copelands Project
The abandonment is proposed to accommodate the planned Palm/Morro Office/Parking Structure
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 preceding other project entitlements. Final abandonment would not become
effective until all necessary project approvals were secured, and the Final EIR has been certified by
the City Council, after its review by the Planning Commission. In addition, the abandonment
component is considered categorically exempt under CEQA.
CONCURRENCES
The Public Works Department's comments focused on the reservation of easements, subdivision
map requirements and infrastructure maintenance responsibilities. The Utilities Department's
comments focused on water and wastewater facilities. The Fire Department's comments
addressed emergency vehicle access and fire hydrant requirements.
FISCAL IMPACT
If project approvals are ultimately obtained, the City will eventually own the abandoned right-of-
way and adjacent property proposed for development of the Palm/Morro Office/Parking Structure.
Therefore, setting a price for the sale of the abandoned.street right-of-way would not be relevant.
5B-4
Council Agenda Report
ABAN 193-01 (919 Palm Street)
Page 5
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: Planning Commission follow-up letter for 6-26-02 meeting including Resolution
No. 5341-02.
Attachment 4: Draft Minutes for Planning Commission meeting of June 26, 2002 (will be
provided to Council as soon as they become available).
Attachment 5: Draft Resolution"A"-Resolution of Intention to Consider Abandonment
LACopelandslstatTreports\ABAN 193-01(CC report)
5B-5
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�III�NNII� I UIIIIIII Attachment 3
III�IIIIIIIIII���I��nl II I� An lois oBispoj cr�ty ® s
slard990 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 193-01: 919 Palm Street
Request to abandon a portion of Morro Street to accommodate the
proposed office/parking structure 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 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
onald Whisenand
Deputy Community Development Director Mark Rawson
Development Review APS Architects
444 Higuera Street
Attachment: Resolution No. 5341-02 San Luis Obispo, CA 93401
The City of San Luis Obispo is committed to include the disabled in all of its services,programs and acl R-8
Telecommunications Device for the Deaf(805)781-7410.
PLANNING COMMISSION
Attachment 3
RESOLUTION NO. 5341-02
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
RECOMMENDING APPROVAL TO.THE CITY COUNCIL OF
ABANDONMENT OF A PORTION OF THE
MORRO STREET RIGHT-OF-WAY
APPLICATION # 193-01
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 1.93-01,
abandonment of a portion of the Morro 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 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, 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 will continue to function as a local
commercial street as envisioned in the Circulation Element.
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 additional parking needed for the downtown
commercial area.
3. The proposed right-of-way abandonment and disposition of the surplus property is
exempt under Section 15301 of the California Environmental Quality Act.
5B-9
- Attachment 3
Resolution No. 5341
Page 2
Section 2. Recommendation. The Planning Commission does hereby
recommend to the City Council approval of the abandonment application [APPL 193-01]
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. A parcel map shall be processed prior to the recordation of a final abandonment
resolution to merge underlying lot lines and show adjusted property corners. The
required parcel map shall include the 5-foot dimension of the proposed
abandonment.
2. The abandonment/parcel map shall include the reservation of necessary
easements for public pedestrian access, public and private utilities, emergency
access, ingress and egress to the buildings on the adjacent properties, private
and public drainage, to the satisfaction of the Public Works Director and the
various utility companies. Specific details will be determined during the
abandonment process, prior to adoption of a final abandonment resolution by the
City Council.
3. All utility relocations, conversion of utilities from public to private, and meter
relocations shall be completed prior to recordation of abandonment and/or the
parcel map, 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.
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. Osborne, and on the following roll
call vote:
AYES: Commrs. Aiken, and Osborne
NOES: Commrs. Peterson and Boswell
REFRAIN: None
ABSENT: Commr. Cooper
The foregoing resolution was passed and adopted this 26th day of June, 2002.
O�iald Whisenan , Secreta
13fnning Commission
5B-10
Attachment 4
The Draft Planning Commission minutes of
June 26, 2002 will be provided to the Council
as soon as they become available.
5B-11
Attachment 5
RESOLUTION NO. (2002 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON A PORTION OF THE MORRO STREET
RIGHT-OF-WAY, BETWEEN MONTEREY AND PALM STREETS
(ABAN 193-01)
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 a portion of
the Morro Street right-of-way between Monterey and Palm Streets;
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 "I", 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:
I. 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 will continue to function as a local commercial street as
envisioned in the Circulation Element.
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 additional parking needed for the downtown commercial area.
5B-12
City Council Resolution N '} (2002 Series)
ABAN 193-01(Morro Street) Attachment 5
Page 2
3. 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. A parcel map shall be processed prior to the recordation of a final abandonment
resolution to merge underlying lot lines and show adjusted property corners. The required
parcel map shall include the 5-foot dimension of the proposed abandonment.
2. The abandonment/parcel map shall include the reservation of necessary easements for
public pedestrian access, public and private utilities, emergency access, ingress and
egress to the buildings on the adjacent properties, private and public drainage, to the
satisfaction of the Public Works Director and the various utility companies. Specific
details will be determined during the abandonment process, prior to adoption of a final
abandonment resolution by the City Council.
3. All utility relocations, conversion of utilities from public to private, and meter relocations
shall be completed prior to recordation of abandonment and/or the parcel map, 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.
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 applicant has sold the adjacent
property to the east of the abandoned right-of-way to the City.
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.
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
5B-13
City Council Resolution 1. _ (2002 Series) Attachment 5
ABAN 193-01(Morro Street)
Page 3
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:
*tyomeJe G orgensen
Attachment:
Exhibit"A" - Street right-of-way Abandonment Map
LACopelannds\ABAN 192-01 (CC Res.of Intention)
5B-14
Attachment 5
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