HomeMy WebLinkAbout03/16/2004, C6 - ABANDONMENT OF THE TURNER AVENUE RIGHT-OF-WAY (ABAN 106-03; TURNER AVENUE). Mwi
council ` March 16.2004
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CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey,P.E. Public Works Director
Prepared By: Robert Livick,P.E.;Supervising Civil Engineer
SUBJECT: ABANDONMENT OF THE TURNER AVENUE RIGHT-OF-WAY (ABAN 106-
03;TURNER AVENUE).
CAO RECOMMENDATION
As recommended by the Planning Commission on January 28, 2004, adopt a Resolution summarily
abandoning Turner Avenue.
DISCUSSION
The City has received an application for a full abandonment of the Turner Avenue right-of-way
between Fredericks Street and U.S. Highway 101 (see Attachments 1 and 2). The applicant,
United Methodist Church, is in the process of rebuilding its church building that was destroyed
by fire a few years ago. Their plans are to build the church in the same general location and to
provide additional parking in the area presently encumbered by the right-of-way. In order to
proceed with their current project design, the applicant must obtain City approval of the right-of-
way abandonment, and they must acquire the properties underlying the right-of-way from the
appropriate landowners. Generally, when right-of-way is abandoned, unencumbered fee title is
divided equally among the adjacent property owners, subject to title company certification.
The California Streets and Highways Code allows a summary street vacation or abandonment if for
a period of five consecutive years the offer of dedication area has been impassable for vehicular
travel, and that no public money was expended for maintenance of same. The abandonment must
also be reviewed for General Plan conformity prior to final action by the legislative body. The City
Council is being asked to make a determination on General Plan consistency and adopt a
resolution summarily abandoning the public right-of-way for Turner Avenue, in accordance with
Section 8331 of the California Streets & Highways Code. If passed, the abandonment will
become final when it is filed with the County Clerk Recorder. If the abandonment is denied and
the United Methodist Church cannot acquire the underlying properties, the church would have to
redesign its project.
Planning Commission Action
The Planning Commission considered the abandonment request on January 28, 2004. The
Planning Commission found the proposed abandonment to be consistent with the City's General
Plan, and recommended that the Council adopt a Resolution of Intention and set a public hearing
to consider the matter of final abandonment. The attached draft resolution (Attachment 6)
reflects conditions of approval recommended by the Commission (also see Attachment 4,
Cts - �
Council Agenda Report
ABAN 106-03(Turner Avenue RIW), Page 2
Planning Commission meeting follow-up letter and Resolution, and Attachment 5, 1-28-04
Planning Commission minutes).
Site Description
The project site is the Turner Avenue right-of-way, between Fredericks Street and U.S. Highway
101. This right-of-way is approximately 70 feet wide and 282 feet long. The total area of
abandonment is approximately 19,800 square feet (see Attachment 2). This Segment of Turner
Avenue Right-of-way has never been improved. Adjacent land uses are the United Methodist
Church to the west, a single-family residence, and a vacant lot owned by the Mount Carmel
Lutheran Church to the east.
Project Description
The project is full abandonment of the Turner Avenue right-of-way. As previously mentioned, the
United Methodist Church is requesting abandonment of this right-of-way to enlarge its property and
to provide additional parking in the area currently encumbered by the right-of-way.
Evaluation
In order to abandon the right-of-way, the California Streets and Highways Code requires the
determination of 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 (if they
exist) and other improvements need to be properly preserved. Given these parameters, the
following issues were considered at the Commission hearing in evaluating the request.
Future Circulation Needs
Public Access: The General Plan Circulation Element does not classify Turner as a collector or
arterial street. Therefore Turner Avenue is a local street that serves a limited number of properties,
including the United Methodist Church (see Attachments 1 and 2). As shown on the maps, this
short right-of-way begins at Fredericks Street and terminates at U.S. 101. Turner Avenue right-of-
way has never been used for its intended purposes and is limited by it's close proximity to the
Freeway. According to the General Plan, there are no plans to extend Turner Avenue to the south.
Based on this information, it can be concluded that this right-of-way is not planned for any future
roadway improvements.
Private Access: According to the County Assessor's Office, Mount Carmel Lutheran Church
(MCLC) owns the property located at the southeasterly end of the Turner Avenue right-of-way
(APN 052-225-011). Since this property is owned by a different party, abandoning the right-of-
way, without proper access, would create a landlocked parcel, which would be inconsistent with
State law and City Code. The California Streets and Highway Code (Section 8330b(1)) states
that a local agency cannot summarily vacate (abandon) a public right-of-way, if it will cut off all
access to a person's property, which prior to the relocation, adjoined the right-of-way.
c� -a
I.
Council Agenda Report
ABAN 106-M(Turner Avenue RNV) Page 3
Additionally, the California Subdivision Map and the City's Subdivision Regulations require that
all parcels have access to a public street.
The applicant's representative has been working with Mount Carmel 'Lutheran Church
representatives to resolve this issue. Several possible solutions were presented at the Planning
Commission meeting. Those solutions included: 1) a partial abandonment to reduce the right-of-
way width from 70-ft to 20-ft; 2) a full abandonment contingent upon merging the two MCLC
properties into one parcel with access to Fredericks Street; and 3) a full abandonment subject to
MCLC reserving an easement for ingress, egress and public utilities to be conveyed with the land
if it sold to a different party. Mount Carmel Lutheran Church representatives support full
abandonment of the right-of-way, and they are willing to reserve a 24-foot wide easement across
their property to ensure access to a public street (see Attachments 2 and 3).
Public.Utilities
The RAV abandonment proposal was sent to the local utility companies for their review and
comment. The Gas Company does not maintain gas-piping facilities within the abandonment area.
Charter Communications does not have any facilities in the abandonment area. Neither Pacific Gas
and Electric (PG&E) nor SBC Communications commented on the proposed abandonment. Based
upon document research neither of these utilities have any utilities in the area proposed for
abandonment.
Based on this information, it can be concluded that the proposed R/W abandonment will not
adversely impact existing or future public utilities in the immediate area or in the City as a whole.
CONCURRENCES
The Planning Commission recommends this action. The Community Development Director and
City Attorney concur with the recommendation.
FISCAL IMPACT
The proposed right-of-way abandonment would not have a significant fiscal impact to the City.
However, 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.
Cu
r�
1
Council Agenda Report
ARAN 106-03(Turner Avenue RNV). Page 4
ATTACHMENTS
Attachment 1: Vicinity Map
Attachment 2: Map of Abandonment Area
Attachment 3: Letter from Mount Carmel Lutheran Church
Attachment 4: Planning Commission Resolution No. 5385-04
Attachment 5: Minutes for Planning Commission meeting of January 28, 2004
Attachment 6: Draft Abandonment Resolution
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�`' "� Mt. Carmel Lutheran Church Russell r Pastor
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Senior Pastor
0 1701 Fredericks Street
San Luis Obispo,California 93405 C.Daniel Patter
Assistant Pastor
n (805)544-2133
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November 24,2003
To whom it May Concern, - - ---- _ - - —
City of San Luis Obispo,CA
Reference the SLOUMC Church Facility Rebuilding Project and more specifically the
initiative for abandonment of Turner Avenue
On July 15,2003 the Mt Carmel Lutheran Church Council endorsed unanimously
supporting the SLOUMC in seeking the abandonment of the Turner Avenue Easement.
I also understand the city is sectpng a solution to potential access to our"land-locked .
parcel"should the city approve the abandonment. We support the option 2,which was
outlined in a meeting between the city and RRM(the company helping the SLOUMC
with the abandonment),and will accordingly seek the ratification by our council in this
regard. A copy of"option 2" is attached.
Sincerely,
Don Hemwall,President
Cc to SLOUMC(Pastor Ron Griffen and Chair DBT Joe Timmons)
RRM(Michael Stanton and Scott Stokes)
Architects(Jack Althouse,AJA and Greg Wilhelm)
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Attachmn. 4
PLANNING COMMISSION
RESOLUTION NO.5385-04
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION RECOMMENDING APPROVAL
TO THE CITY COUNCIL OF ABANDONMENT OF THE
TURNER STREET RIGHT-OF-WAY
APPLICATION#ABAN 106-03
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
January 28, 2004, for the purpose of considering Application ABAN 106-03, abandonment of the
Turner 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 Turner Street right-of-way is consistent with the City's General Plan,
based on the following findings:
1. The proposed right-of-way abandonment, with the reservation of appropriate utility and
access easements, is consistent with the General Plan because it is no longer needed for
present or future public street purposes..
2. The right-6f-way proposed for abandonment has never been improved or used for its
intended purposes,and no public funds have been expended over the last five years.
3. The proposed right-of-way abandonment is categorically exempt from environmental
review under Section 15301 of the California Environmental Quality Act.
Resolution No. 5385-6 Attachmarlt 4
Page 2
Section 2. Recommendation. The Planning Commission does hereby recommend to the
City Council approval of the abandonment application [ABAN 106-03] subject to the following
conditions:.
1. If the Council determines that the right-of-way should be abandoned, reservation of
easements for existing public utilities shall be required, to the satisfaction of the
respective utility companies, along with any revisions to those facilities as a result of re-
development. Specific details will be determined during the abandonment process, prior
to adoption of a-final abandonment resolution by the City Council.
2. If the Council determines that the right-of-way should be abandoned, a lot line
adjustment, lot merger or access easement reservation shall occur prior to recordation of
a final abandonment resolution to eliminate landlocked parcels.
3. If the Council approves the right-of-way abandonment, the abandonment shall be
finalized prior to building permit issuance. Any required offsite easements for purposes
of access, utilities, and drainage shall be recorded concurrent with or prior to recordation
of a city council resolution vacating previous offers of dedication.
4. If the Council determines that the right-of-way should be abandoned, the
landowner/applicant shall submit all required pictorial exhibits and/or legal descriptions
necessary to complete the abandonment. All relevant information shall be to the
satisfaction of the Public Works Director.
On motion by Commr. Cooper, seconded by Commr. Loh, and on the following roll call vote:
AYES: Commrs. Cooper, Caruso, Loh, Boswell, and Chairperson Osbome
NOES: Commr. Christianson
REFRAIN: None
ABSENT: Commr. Aiken
The foregoing resolution was passed and adopted this 28a'day of January 2004.
o d Whisenan , Secretary
Planning Commission:
GAPticcAAbandontnentslPC Resolution(Turner St.Aban)
��tD
ATTACHMENT 5-1
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
January 28, 2004
CALL TO ORDER/PLEDGE.OF ALLEGIANCE:
The San Luis Obispo Planning Commission was called to order at 7:00 p.m. on
Wednesday, January 28, 2004, in the Council Chamber of City Hall, 990 Palm Street,
San Luis Obispo.
ROLL CALL:
Present: Commissioners Allan Cooper, Alice Loh. James Caruso, Michael Boswell,
Carlyn Christianson, and Chairperson Orval Osborne
Absent: Commr. Jim Aiken
Staff: Associate Planner Pam Ricci, Deputy Community Development Directors
Ron Whisenand and Michael Draze, Community Development Director
John Mandeville, Assistant City Attorney Gil Trujillo, and Recording
Secretary Irene Pierce
ACCEPTANCE OF THEAGENDA
The agenda was accepted as presented.
APPROVAL OF THE MINUTES
The Minutes of August 13, 2003, were accepted as amended.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Mary Beth Schroeder, 2085 Wilding Lane, encouraged others to attend these public
hearings, spoke against the Housing Element Update, and expressed the need for more
churches.
Michael Sullivan, San Luis Obispo, noted his comments on the Airport Airport Area
Specific Plan were submitted just prior to this meeting and encouraged the Commission
to consider the information.
PUBLIC HEARING ITEMS:
1. 701 through 798 Clearview Lane. PD 117-03; Request to amend the Clearview
Estates Condominium Development to allow the elimination oft curbside parking;
R-1 zone; Jill DuFault, applicant. (Continued from November 19, 2003) (Phil
Dunsmore)
This item was continued to the meeting March 10, 2003, without discussion, at the
request of the applicant.
i
Planning Commission Minutes-� ATTACHMENT 5-2.
January 28,2004
Page 2
2. 1515 Fredericks Street. U, V and ABAN 106-03; Request for a Use Permit to allow
redevelopment of a church; Variance to allow maximum building height of 46 feet
where 25 feet is normally allowed; and the abandonment of Turner Street; R-1 zone;
United Methodist Church, applicant. (Pam Ricci)
Senior Planner Pam Ricci presented the staff report, recommending approval of the use
permit and variance for building height exceptions. She also recommended the
Commission find the right-of-way abandonment consistent with the General Plan and
recommended the City Council adopt a resolution of intention to abandon the Turner
Street right-of-way.
PUBLIC COMMENTS:
Greg Wilhelm, project representative, spoke in support of the request. He discussed the
height exception calculation from the average finish grade as it relates to the bell tower.
He also noted the hedgerow of trees (40-60 feet in height) as a unique feature of the site.
He gave a PowerPoint presentation of the project that revealed the evolution of the
church design and illustrated how existing vegetation will help screen views of the new
structure from Fredericks Street.
Debbie Black, project landscape architect, gave an overview of the landscaping proposed
at the front of the church, as it relates to the Turner Street abandonment, ingress and
egress, and the multi-level parking areas. . She noted the applicant's desire to eliminate
as much on-street parking as possible by providing on-site parking in excess of city
requirements.
Jack Altlhouse, project architect, addressed the HVAC units on the roof, noting they will
be located in wells that are sunken behind the sloping roof areas and masked from view,
and will be further addressed at the ARC review.
Ron Griffin, Church Pastor, explained the significance and history of the bell tower. He
also summarized some of the activities that occur at the church facility such as Bible
studies, children's pre-school and childcare, elder care activities, choir practice, and
various classes and outreach activities.
Charles Greenall, 1631 Fredericks Street, supported the project and expressed concerns
with the flow of storm water runoff from Fredericks Street and the church parking lot if
Turner Street is abandoned. He also asked for more immediate solid screening of the
proposed parking lot along the east side of the property.
Joe Timmons, Church Design Team Member, expressed willingness to address concerns
noted by Mr. Greenall and others, and encouraged approval of the project.
Don Hemwall, Congregational President of Mt. Carmel Lutheran Church, supported the
project and the Turner Street abandonment.
COMMISSION COMMENT:
Commr. Cooper moved the staff recommendation. Seconded byCommr. Loh.
LAI � ►a
Planning Commission Minute- ATTACHMENT 5-3
January 28, 2004
Page 3
AYES: Commrs. Cooper, Caruso, Loh, Boswell and Osborne
NOES: Commr. Christianson
ABSENT: Commr. Aiken
ABSTAIN: None
The motion carried on a 5:1 vote.
3. 940 Santa Rosa Street A 171-03; Request to allow conversion of a residence to
an office and a variance for parking and handicap ramp in the street yard setback,
and possible reduction in required parking; O zone; Leslie Vandewalle, applicant
(TylerCoreA
Senior Planner Pam Ricci presented the staff report, recommending approval of the
project, based on findings and subject to conditions.
There was discussion on the no-net-loss policy and how it is addressed in the project, as
well as the non-conforming aspects of the existing structure and site.
PUBLIC COMMENTS:
Bob Tomascheski, architect and applicant's representative, supported the project and
staff's recommendation.
COMMISSION COMMENT:
Commr. C000er moved the staff recommendation, seconded by Commr. Christianson.
AYES: Commrs. Christianson, Cooper, Caruso, Loh, Boswell and Osborne
NOES: None
ABSENT: Commr. Aiken
ABSTAIN: None
The motion carried on a 6:0 vote.
4. 3265 Rockview Place. GPC 188-03; General Plan Conformity Report regarding the
proposed sale of surplus City property; R-2 zone; City of San Luis Obispo, applicant.
(Neil Havlik)
Neil Havlik, Natural Resources Manager, presented the staff report, recommending the
Commission determine and report to the City Council that the proposed property sale
conforms with the General Plan. He explained that the City Council has directed staff to
proceed with the sale, but State Law mandates that prior to offering the property for sale
to the public, general plan conformity must be determined by the Planning Commission.
In addition, the property must first be offered to the school district and the local Housing
Authority; however, no responses to those offers have yet been received. He noted the
earth movement in 1970 would be disclosed, although property management records
show no evidence of any land movement since that time, and it would be the
responsibility of potential purchasers to further 'investigate. He felt that the R-2 zoning
Planning Commission Minutez> kTTACHMENT 5-4
January 28,2004
Page 4
implies the likelihood of considerable grading in conjunction with development of this site
and adjacent properties, and given that, stabilization activities would not be a major cost
consideration.
PUBLIC COMMENTS:
Mary Beth Schroeder, 2085 Wilding Lane, felt the subject property should remain open
space and opposed the sale of the property.
COMMISSION COMMENTS:
Commr. Cooper moved the staff recommendation. Seconded by Commr..Loh.
Commr. Loh asked that the motion.be amended to include three findings: 1) the request
addresses the need for additional housing, consistent with the City's Housing Element
policies: 2) The proposed sale would be consistent with the _neighborhood and
surrounding land uses: and 3) 50% of the lot will be preserved as open space. The
motion maker agreed to the amendment.
AYES: Commrs. Christianson, Cooper, Caruso; Loh, Boswell and Osborne
NOES: None
ABSENT: Commr. Aiken
ABSTAIN: None
The motion carried on a 6:0 vote.
5. Margarita Area and Airport Area. SP and ER 73-00; Margarita Area Specific Plan
and Final Environmental Impact Report (FEIR) for the Airport Area and Margarita
Area Specific Plans and related Facilities Master Plans; City of San Luis Obispo,
applicant. (John Shoals/Mike Draze) Continued from January 14, 2004.
Chairperson Osborne stepped down from participation because he owns property very
close to the Margarita Area Specific Plan area, which constitutes an appearance of a
conflict of interest. He turned the meeting over to Vice-Chair Caruso.
Deputy Director Draze asked the Commission to discuss the draft Margarita Area Specific
Plan, take public testimony, provide direction to staff, and continue the hearing to
February 11, 2004.
PUBLIC COMMENTS:
Dain Larkin, 1345 Partner Road, opposed the realignment of Prado Road and its
proximity to the Damon Garcia Sports Fields due to safety issues. He felt the pedestrian
underpass is not safe for children and might be a gathering place for the homeless and
various groups or individuals of questionable character. He suggested connecting Prado
Road to Tank Farm Road.
Mary Beth Schroeder, 2085 Wilding Lane, opposed the realignment of Prado Road.
Planning Commission Minute- ATTACHMENT 5-5
January 28, 2004
Page 5
Milton Andrews, 3075 So. Higuera Street #156, requested there be no construction noise,
glaring lights and loud communication after dark during construction, and that the MHP be
protected from drainage and construction waste disposal. He asked for an easement or
buffer zone along the east boundary with "no trespassing" signs posted, that no two-story
homes be allowed, and no views of the hills from Chumash Mobile Home Park be blocked
as a result of the new residential development. He requested traffic monitoring to occur
and a traffic light at the entrance to the MHP for the safety of the elderly..
Mila Vujovich-LaBarre, 650 Skyline Drive, objected to Prado Road bisecting the Damon
Garcia Sports Field and open space park area for safety reasons. She also had concems
with truck traffic and issues with the underpass.
Bill Wilson, 1690 Southwood Drive, opposed the Prado Road realignment near the
Damon Garcia Sports Fields because of the impact to the park, and that it will hamper the
potential for future park expansion.
Bonnie Wahlum, 3750 So. Higuera Street #233, was concerned with maintaining the
existing quality of life in the Chumash Village. She suggested an affordable-housing
project for seniors next to the mobile home park.
Elizabeth Kyle-Righetti, 3075 So Higuera Street, asked that the MASP provide zoning to
allow for continuity with the residents at the western edge of the mobile home park.
Jeff Whitner, 11 Mariposa Drive, felt the sports fields would be safer, more enjoyable and
more aesthetically pleasing without Prado Road next to it, and encouraged other
alignment alternatives.
John French, 3249 Hollyhock Way, felt the City Council has thoroughly reviewed the
Prado Road realignment, discussed it in open session, and made a decision that is
reflected in the General Plan Circulation Element. He opposed realignment to Tank Farm
Road and noted the property currently shown for the Prado Road alignment was
purchased as road right-of-way and was valued in the appraisal specifically for this
purpose.
Gini Montina, 3057 So. Higuera Street, was concerned with the adjacency of Chumash
Village to the proposed medium-density development, and expressed her desire to
maintain the quiet atmosphere of the mobile home park. She asked for a buffer zone for
Chumash Village.
Ron Awers, 2302 Parkland Terrace, suggested alternatives to the Prado Road alignment
and noted he had submitted a letter to the Commission earlier in the week that details his
concerns.
Dave Watson, representing property owner Mr. King, encouraged the Commission to
make some kind of decision at this meeting to avoid further delays of the project and
suggested a two-lane road versus a four-lane road.
COMMISSION COMMENTS:
Planning Commission Minutea ATTACHMENT 5-6
January 28, 2004
Page 6
Commr. Christianson noted that Broad Street, a four-lane road next to the sports fields,
already exists, as well as a number of other similar situations such as Meadow Park with
South Street and Laguna Lake Park with Madonna Road.
Commr. Boswell felt two issues have been repeatedly discussed and much public
testimony received reiterating the same issues. He asked for a straw vote to determine
that adjacency to Chumash Village Mobile Home Park, and the realignment of the
eastern end of Prado Road have been adequately addressed, and that after this hearing,
will be accepted as is. The consensus of the Commission was agreement, with Commrs.
Cooper and Christianson dissenting.
Commr. Cooper noted a map exhibit in the agenda packet shows that if Prado Road went
to Tank Farm, it would avoid the wetlands, the quarry, the northern alignment through the
archeological site, and Acacia Creek and clearly indicates that environmental impacts
would be minimized if the alignment to Industrial Way was eliminated.
There was much discussion, questions, answers and clarifications on the draft Margarita
Area Specific Plan. Discussion ensued on strategies for reviewing the remainder of the
plan in a timely manner while covering all issues. It was determined that the design
standards would require more than one meeting, and that Prado Road design and
phasing will require considerable time. No direction was given for the. February 11tH
meeting, however, it was the consensus of the Commission to discuss financing an
phasing. The Commission requested representatives from Public Works Department be
present at that meeting.
It was the consensus of the Commission, in order to focus on structured meeting
efficiency and provide order to the discussion, to go through the specific plan in the order
it is written, section by section (or page by page if necessary) once additional information
has been received on the particular identified issues.
Commr. Boswell moved to continue discussion of this item to the meeting of February 11,
2004. Seconded by Commr. Christianson.
AYES: Commrs. Christianson, Cooper, Caruso, Loh, Boswell and Osborne
NOES: None
ABSENT: Commr. Aiken
ABSTAIN: None
The motion carried on a 6:0 vote.
COMMENT AND DISCUSSION:
6. Staff:
A. Agenda Forecast:
r I Y
Planning Commission Minute ATTACHMENT 5-7
January 28, 2004
Page 7
Pam Ricci noted the draft EIR for the Dalidio Annexation and San Luis Marketplace .
project (2 volumes) was distributed to the Commission, with the public review beginning
Monday, January 26"' and extending through March 10, 2004. The public hearing
before the Planning Commission will be on February 25th, during the public review
period.
Ronald Whisenand gave an agenda forecast of upcoming items.
ADJOURMENT:
With no further business before the Commission, the meeting adjourned at 10:55 p.m.
to the next regular meeting scheduled for February 11, 2004, at 7:00 p.m. in Council
Chamber.
Respectfully submitted by
Diane Stuart
Management Assistant
Attachment 6
Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
RESOLUTION NO. (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT TURNER AVENUE,BETWEEN FREDERICKS
STREET AND STATE HIGHWAY 101,IS UNNECESSARY FOR PRESENT OR
PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS SUMMARY
ABANDONMENT.
WHEREAS, an offer of dedication for Turner Avenue in the City of San Luis Obispo,
more particularly described in Exhibit A, attached hereto and made a parthereof, is unnecessary
for present or prospective public use; and
WHEREAS,the subject offer to dedicate was intended to provide future access, however
timing and subdivision design of the neighboring properties have rendered the subject offers as
null and void; the City no longer requires this Right-of-Way; and
WHEREAS, California Streets and Highways Code Section 8331 provides that the City
Council may summarily abandon said offers of dedication where for a period of five consecutive
years the offer of dedication area has been impassable for vehicular travel, and that no public
money was expended for maintenance of same; and
WHEREAS, the Planning Commission considered the vacation and reported on January
28, 2004, that said vacation is in conformity with the City General Plan; and
WHEREAS, it is in the public interest that the hereinafter described offers of dedication
be vacated.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Pursuant to Streets and Highways Code, Section 2381, that said offers of
dedication are not useful as a non-motorized transportation facility, as defined in Streets and
Highways Code Section 2381 and a finding of General Plan consistency, that this Council finds.
and determines that Turner Avenue, between Fredericks Street and State Highway 101, as
described in "Exhibit A" and shown on the map marked "Exhibit B", attached hereto and
incorporated herein, is not necessary for present or future public street purposes
SECTION 2. This Council hereby orders the abandonment of said right-of-way subject to
the following:
C4 [�
Attachment 6
1. Reservation of a 24 foot wide private easement for ingress, egress and public utilities
appurtenant to Parcel 2 and encumbering Parcel 1 of Parcel Map SL 86-216 recorded in Book 43
at Page 13 of Parcel Maps in the Office Of the County Recorder for the County of San Luis
Obispo, and
2. Item 1 must be met within one (1) year of this date. Otherwise, this resolution will expire and.
be null and void.
SECTION 3. Upon notification from the Director of Public Works to the City Clerk that
the conditions prescribed in SECTION 2 have been met, the City Clerk shall cause a certified
copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded
in the Office of the San Luis Obispo County Recorder. That upon such recordation, the
abandonment is complete.
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 March, 2004.
MAYOR David F. Romero
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
CITY A ORNEY Jonathan P. Lowell
i`.Lcouncil agenda reports\2004 agenda reports\transportation and development review(bochum)\deveiopment review(livick)\tumer
ave.abandonment resolution.doc
L� l t
EXHIBIT A
TURNER AVENUE ABANDONMENT
LEGAL DESCRIPTION
Turner Avenue as set forth and described in City of San Luis Obispo Council Resolution
No. 61 (1956 Series) "A Resolution Correcting Clerical Errors of Descriptions in
Resolution No. 26 (1955-56 Series)"recorded June 12, 1959 in Volume 1006 at Page 93
of Official Records of the County of San Luis Obispo, State of California.
EXHIBIT - -__
ABANDONMENT AREA
0
W
Q _
FREDERICKS STREET
LOT 8 LOT 9
LOT 11 70'
- - - PHLt1PS- rt - - - - - - - - - - - - - - - - - -
o APN: APN: R.
ADDITIONLOT 13 I p 052-225-012 LOT 7 052-125-073 LOT 10
BLOCK 10f IHILLIPS ADDITION
- - - - - - - - - - - - � ? � - - - - - - BLOCK 14
fR
LOT 14 > Lor s Lor v
APN.052-213-005 Q
- - - - - - - - - - - - T
I o
LOT 15
- — — — — — — — — — — — -
APN.•052-225-011
50
PARCEL 2
z 43 PM 13
D
GRAPHIC SCALE
^ V 50 0 25 50 100
v V 1 inch = 50 feet
E.•\2003\1803004 United Method Church_ Main S_onctuary\Produ_ct\Xre/\Easement.dwg, EXHIBIT 0, Nov 25, 2003 9:14am,. W rody
RRM DESIGN GROUP EXHIBIT MAP
�6>t�' ^ "�� R" & r , POROF LOTS 7, AND 8 OF
�•/w /b �t BLOCK K 14 OF PHILLIPS ADD/AON TO
3765 South Higuero Street, Suite 102•Son Luis Obispo, California .93401 CITY OF SAN LUIS OBISPO,
Phone: 805/543-1794• Fax: 805/543-4609 •www.mndesign.com CALIFORNIA. PAGE 6 OF 6
Yc.Mw1qwwyArchftW a 11090•aw MSLaw.RCE 36895.LS 6376-Jeff rw6w.LmdwW A.mRmt 2W DATE:Nov 25 2003 CALF: 1'=50'
MEMO
March 17, 2004
To: John Mand `A 'JEV-9 &toot/
From Ken S wart
Copies: Council Co Hampian, and Planning Commissioner
Cuba Christianson(all w/o attachments)
Re: Housing Element
As requested by the City Council, I have attached pages 6-3 through 6-26 from last
evening's Councl agenda These pages contain Jeff Hook's latest re-write of Chapter 3
of the HE as well as some editorial changes I propose be made. For the most part these
are minor changes with the possible exception of the definition of"Underutilized"found
on 6-26. I read my suggested modification during the meeting and my sense was that the
suggestion was OKed by the Council. But here it is in case you can't read my scrabbling:
Underutilized: an underutilized site is a site that has the land area capacity to
accommodate additional dwelling unit(s)while meeting all zoning regulations j
including setbacks,budding height and lot coverage requirements without the
application of variances. (Edited slightly from last night's reading.)
\ With respect to proposed.additions to�Chapter One for which the Council showed little
enthusiasm for pursing due to the late hour,here-ar"e the three bullet statements I
proposed be addressed under
1.10 Purpose
Bullet 1 (to be bullet 2 in the listing):
To review the basic human needs that housing is expected to satisfy.
(Parenthetical obser►aahom What is it that we use to measure whether our decisions
are "right„regarding housing design and/or the location of housing?)
Bullet 2 (to be bullet 3 in the listing):
To understand and to improve upon the relationships of housing with other land
uses that comprise the increasingly complex City of San Luis Obispo.
Bullet 3 (to be bullet 5 in the listing):
To understand how tax policies encourage or thwart housing supply and maintenance.
At the risk of sounding like an academician and being repetitive, I remain perplexed by
how we can write,re-write, edit and publish a document that purports to be a Housing
Element when"it doesn't even discuss or define what a"house"is-or in the case of
multiple housing,what a dwelling unit is. I find it slightly amusing that the only use of
the word"home"is in conjunction with the words `less' or `owner,' e.g. homeless and
homeowner-.
If the business community and our staff and our Council are surprised by the reaction of
RQN representatives to the original Task Force and Planning Commission drafts of the
i
MEMO: page 2
HE, I think we need look no finther than our failure to understand what a home is. RQN
seems to understand;we(collectively)don't seem to get the picture.