HomeMy WebLinkAbout10/16/1990, 11 - REQUEST FOR AN EXCEPTION TO THE ADOPTED OFFICIAL BUILDING SETBACK LINE ON PROPERTY AT THE NORTHEAST Original Agendi _eport from 10/2/90 meetin..
city of San LUIS OBISp0 MEETINGDATE: � /`
COUNCIL AGENDA REPORT '�'"NUMBER:
i
0
FROM: Arnold Jonas mmunity Development Director
PREPARED BY: Greg Smith, Associate Planne9 .
SUBJECT: Request for an exception to the adopted official building setback line on
property at the northeast corner of Orcutt Road and Laurel Lane.
CAO RECOMMENDATION:
Adopt the attached draft resolution approving the requested exception to the
building setback line.
DISCUSSION:
Background
Building setback lines (sometimes called "plan lines") identify projected future right-of-
way needs and prevent new structures from being built within that area.
The city has adopted a setback line for construction of an overpass for Orcutt Road at
the railroad tracks. When the overpass is built, virtually the entire lot at 1101 Laurel
Lane will be needed for realignment of the Laurel/Orcutt intersection.
The owner of that property has applied for an exception to the provisions of the setback
line regulations. Since no new construction is allowed to encroach in the future Tight-
of-way, his proposal to remodel and expand the automotive repair facility on the property
will be allowed only if the City amends the setback line, or approves an exception.
The Planning Commission conducted a hearing on September 12, 1990. They have
recommended the exception be approved.
Data Summary
Address: 1101 Laurel Lane
Applicant/Appellant: Jeff and Susan Spevack
Zoning: C-S
General PIan: Service Commercial/Light Industrial
Environmental Review Status: Categorically exempt from review requirements.
Action Deadline: City Council must act by October 15, 1991.
Site DescriRttion
Irregular comer lot with 10,166-square-foot area. The site adjoins a branch of Acacia
- Creek; the creek channel and limited riparian vegetation are located along the easterly
Page 2
property line. An office/commercial building is located north of the site; vacant land
zoned C-S is located to the northeast; and a car wash is being constructed on the
adjoining lot to the east. Office and residential uses are located nearby.
Project DescdRtion
The applicant is requesting the setback line exception so that he may proceed with plans
to add approximately 1300 square feet to the existing auto repair facility located on the
site. The existing building would also be remodeled, and paving and landscaping would
be modified. Plans for the remodeling project are on file in' the Community
Development Department office. The Architectural Review Commission has jurisdiction
over site planning and building design aspects of the proposed development, and has
granted schematic approval to the plans.
EVALUATION
Planning and Public Works staff have identified several issues the council should consider
in evaluating the requested setback line exception:
1. Extent of Overcrossing,, Project
The applicant's property is part of an area which will be affected by an extensive plan
for the railroad overcrossing and related road widening and realignment. Orcutt Road
and Bullock Lane would be widened, and the Orcutt/Laurel and Orcutt/Bullock
intersections would be realigned and signalized. The project is shown in the adopted and
draft Circulation Elements.
The realignment of Laurel Lane to form a 90-degree intersection with Orcutt Road and
Bullock Lane would take all but approximately forty feet of the applicant's property. The
remaining narrow strip could not be developed privately, so it would be included in the
public right-of-way. A copy of the adopted setback line affecting the applicant's property
is included in council packets; exhibits showing proposed improvements will be presented
to the council at the hearing.
2. Timing of Overcrossing Construction
Construction of the overcrossing is dependent on availability of state funding. Priorities
for overcrossing projects are somewhat unpredictable they change with levels of rail
traffic, among other things - but the city's Public Works Director does not expect state
money to be available in the immediate future. Construction is unlikely to begin for at
least five years, and it may be twenty years or longer.
Meanwhile, the city has been acquiring property on the south side of Orcutt Road on
both sides of the tracks, and designing interim widening and intersection improvements.
The interim design does not require any portion of the applicant's property.
/Or-4Z
Page 3
3. Impact of Setback Tine on Use- of E=M
The central question in determining whether to approve the exception request is whether
prohibiting expansion of the existing building on the site constitutes an unreasonable
hardship on the property owner.
In the most common cases, a building setback line involves a narrow strip of land
adjacent to an existing street, and the setback line prevents new structures from being
placed in the way of the planned widening. If the property owner wants to develop the
remainder of his property, he is required to dedicate the land for widening and install
frontage improvements in exchange for the right to increase the value of the property.
If the city needs to proceed with the widening before the owner is ready to develop, the
city pays market value for the widening area and is responsible for the cost of most
frontage improvements.
Repairs and maintenance of an existing structure may be done without triggering
dedication and improvement requirements, so long as they do not exceed 50% of the
value of the structure over any 24-month period.
The building setback regulations are intended to protect the city from having to pay for
removal of structures which might otherwise be built in a proposed right-of-way; they are
not intended to allow the city to obtain a lot without compensation to its owner. Since
the setback line affects the entire lot, the city will have to pay fair market value for the
applicant's property at the time of acquisition.
OTHER POSSIBLE ACTIONS
The city may choose to purchase the property in the near future, whether or not the
exception is approved. If the city buys the property, it could be leased back to the
current owner, or to a third party.
If an exception is approved, the council will have sixty days prior to issuance of the
building permit for the addition in which to decide to buy the property.
There do not appear to be feasible alternative alignments for the overcrossing project.
If the city decided to abandon or -amend the plan line, environmental review and
amendment of the Circulation Element would be needed to implement the decision.
CONCURRENCES
As noted above, the Planning Commission recommends approval of the requested
exception. Public Works and Planning staff also support the exception request.
FISCAL IMPACT
Neither approval nor denial of the exception will have a direct fiscal impact. Approval
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Page 4 �,
of the exception may have an indirect impact of increasing the cost of acquisition when
and if the city acquires the property.
ALTERNATIVES
The council may approve or deny the requested exception. The council must act by
October 15, 1990.
RECOMMENDATION
Staff recommends the council adopt the attached draft resolution approving the requested
exception to allow the proposed remodeling and 1300-square-foot addition to the existing
building within the adopted Building Setback Lane for Orcutt Road, as recommended
by the Planning Commission.
Attachments: Draft Resolutions for approval, denial
Vicinity Map
Building Setback Line Regulations
Applicant's Request
Public Works Director Memo
Plan Line Maps Included in Council Packets
gtsd:ORCPLNCC.WP
RESOLUTION NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXCEPTION TO THE PROVISIONS OF THE ADOPTED
BUILDING SETBACK LINE FOR ORCUTT ROAD,
FOR A BUILDING PROJECT AT 1101 LAUREL LANE
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of the applicant's request for an exception to the
provisions of the adopted Building Setback. Line Ordinance for
Orcutt Road, and the Planning Commission's recommendations, staff
recommendations, and reports thereof, makes the following
findings:
1. The owner of the property at 1101 Laurel Lane will be
substantially damaged unless the requested exception is
approved.
C,
2. The property will not earn a fair return on the owner's
investment unless the proposed construction is allowed.
3. Approval of the exception request is necessary to preserve
substantial property rights.
On motion of ,
seconded by _ and on the
following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day
of , 1990.
O
Resolution No. (1990 Series)
Tract 1841
?age 2
ATTEST: Mayor Ron Dunin
City Clerk Pam Voges
APPROVED:
Ci A :rnistffative arffibir
C' ttgoro,ne
Community Devel ent Director
• i
RESOLUTION NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN EXCEPTION TO THE PROVISIONS OF THE ADOPTED
BUILDING SETBACK LINE FOR ORCUTT ROAD,
FOR A BUILDING PROJECT AT 1101 LAUREL LANE
BE IT RESOLVED by the Council of *the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of the applicant's request for an exception to the
provisions of the adopted Building Setback Line Ordinance for
Orcutt Road, and the Planning Commission's recommendations, staff
recommendations, and reports thereof, makes the following
findings:
1. The owner of the property at 1101 Laurel Lane will not be.
substantially damaged if the .requested exception isnot. '
approved.
2. The property will continue to earn A fair return on the
owner's investment if the proposed construction is not
allowed.
3. Denial of the exception request will not deprive the owner
of substantial property rights.
On motion of ,
seconded by , and on the
following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day
of , 1990..
C
Resolution No. (1990 Series)
Tract 1841
Page 4
Mayor Ron Dunin
ATTEST:
City Clerk Pam Voges
APPROVED:
City Adm'n stra ve Off' e
C' y for ey
oC'LL��J•
Community Develo ent Director
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17.74.010-17.74.030
Division 11. Other Land 17.74.210 Osos Street(Monterey to
Use Regulations sera).
17.74.220 No new structures to be in
setback area—Exceptions.
Chapter 17.74 17.74.230 Appeals from Section
17.74.220—Procedure.
BUILDING SETBACK LINES 17.74.240 Enforcement—Nonconforming
buildings and structures
Sections: declared unlawful and a
17.74.010 Title. nuisance--Abatement.
17.74.020 Purpose—Adoption of building
setback lines. 17.74.010 Title.
17.74.030 Purpose—Protection of master This chapter shall be known and cited as the
street and highway per• "Official Building Setback Line Ordinance" of
17.74.040 Designation on maps—Contents the city.(Prior code§9300.8)
of maps.
17.74.050 City clerk to keep up-to-date 17.74.020 Purpose--Adoption of building
copies of maps showing official setback lines.
building setback lines. This chapter is enacted to enable adoption of
17.74.060 Adoption—Planning official building setback lines for the city,and to
commission public hearing. provide for the designation;recording. enforce-
17.74.070 Adoption—Council public ment of and appeal from such official building
hearing. setback lines.(Prior code§9300)
i 17.74.080 Adoption—Maps to be a part of
chapter provisions-
17.74.030 Purpose—Protection of master
Designation of official street and highway plan. /
centerline. The purpose of this chapter is to protect the
17.74.090 _ Laurel Lane. master street and highway plan adopted by the
17.74.100 Foothill Boulevard. city. The street and highway plan is being
17.74.110 South Street. adopted in order to:
17.74.120 Johnson Avenue. A. Serve as a general guide for the develop-
17.74.130 Broad Street(Monterey to SE meat of streets and highways;
City Limits). B. Promote the public welfare. safety and
17.74.140 Orcutt Road(Broad to convenience,
Johnson). C. Provide a comprehensive guide for capital
17.74.150 California Boulevard and San outlay on street and highway improvements in
Luis Drive. the city;
1.7.74.160 South Higuera Street. D. Provide an authentic source of informa-
17.74.170 Higuera Street(Marsh to tion for residents and investors in the city;
Madonnas E. To obviate the menace to the public safety
17.74.180 Santa Rosa Street.(Montemy to and the damage to property values resulting from
Murray). inadequate provision of triflic thoroughfares.
17.74.190 Higuera Street(Prado Road to (Prior code§9300.1)
south city limit).
17.74.200 Santa Rosa Street(1%,Ionterey to
Marsh.
489
17.74.200-17.74.230
with the map dated January 20, 1969. on file in hear and decide appeals for variances in the strict
the office of the city clerk, and the line shall be application of Section 17.74.220.or for elimina-
forty-two feet from the centerline on both sides tion of the setback ordinance from any property
of Higuera Street. (Prior code§9300.4.15) damaged thereby.
B. The owner of any property affected by
17.74.200 Santa Rosa Street(Monterey to established official building setback lines may
Marsh). appeal the strict interpretation of Section
An official building setback line is established 17.74.220,or seek to be excluded from the effect
along both sides of Santa Rosa Street between thereof. The appeal shall be made in writing to
Monterey Street and Marsh Street in accordance the city planning commission.
with the map dated January 20, 1969, on file in C. In order to make a recommendation con-
the office of the city clerk and the line shall be trary to the provisions stated in Section
forty feet from the centerline on both sides of 17.74.220,or to recommend that any property be
Santa Rosa Street.(Prior code§9300.4.16) completely excepted from the building setback
line restrictions, the city planning commission
17.74.210 Osos Street(Monterey to must find:
Higuera). 1. That the property of which the official
An official building setback line is established building setback.line is a part is of such nature
along both sides of Osos Street between Mon- that the owner of the land will be substantially
terey Street and Higuera Street, in accordance damaged by the refusal to grant the permit or
with the official map dated November 3. 1969, exception therefrom:
on file in the office of the city clerk,and the line 2. That the property will not earn a fair return
shall be twenty-nine feet from the centerline on on the owners investment unless the construc-
both sides of Osos Street.(Prior code§9300.4.17) tion involved is authorized;
3.-That the granting of the application is nec-
17.74.220 No new structures to be in setback essary for the preservation of substantial prop-
area—Exceptions. erty rights.
A. No building permit shall be issued for and D. Upon receipt of the report from the city
no building or structure shall hereafter be erected planning commission, or upon expiration of
or placed within the official building setback line sixty days from the time the applicant filed his
of streets or highways established by this chapter. appeal with the city planning commission, the
nor within the yard areas designated under Divi- council shall set a date for a public hearing
sion I of Title 17 of this code,measured from the thereon with notices as required by law. At the
official setback lines established by this chapter, conclusion of the public hearings the council
except as provided for under Section 17.74.230. may grant the applicant a variance from the
B. All buildings or structures as they are pres- provisions of Section 17.74.220 or completely
ently located and built along streets named in except the applicant's land from the effect of the
this chapter, and for which setback lines have official building setback line.
been or are hereby established. are expressly E. In order to grant a variance or exception
excepted from the effects hereof. (Prior code § contrary to Section 17.74.220, the council must
9300.5) find:
1. That the property of which the official
17.74.230 Appeals from Section 17.74.220= building setback line is a part is of such nature
Procedure. that the owner of the land will be substantially
A. The council, upon receipt of recommen- damaged by the refusal to grant the permit or
dation from the city planning commission,shall exception:or
Iain Lun Obispo 7-= 492
'...Z
17.74.240-17.76.020
2. That the property wily not earn a fair return Chapter 17.76
( on the owner's investment unless the construc-
tion involved is authorized;or STREET RIGHT-OF-WAY
3. That the granting of the application is nec- DEDICATION AND IMPROVEMENT
essary for the preservation of substantial prop-
erty rights. Sections:
F, if property which, by the appeal process, 17.76.010 Purpose..
has been excepted from the official building set- 17.76.020 General requirements and
back line otherwise fronting thereon,is sought to procedures.
be used for improvements which would have 17.76.030 Special requirements.
been prevented by the effect of the particular 17.76.060 Appeal.
building setback line,no building permit shall be
granted without the council having first been 17.76.010 Purpose.
given sixty days within which it may choose, by This chapter establishes requirements and
resolution, to acquire such of the property as is procedures for the purchase, dedication and
necessary for future street widening purposes. If improvement of the street right-of-way specified
the council chooses not to acquire the property, in Chapter 17.74 and in the circulation element
the council shall.then determine whether a per- of the general plan. (Prior code§ 93 10)
mit should be granted the applicant.(Prior code§
9300.6) 17.76.020 General requirements and
procedures.
17.74.240 Enforcement—Nonconforming A. The city engineer shall establish setback
buildings and structures declared lines and grades for the purchase, dedication or
unlawful and a nuisance— improvement of any street right-of-way specified
Abatement. in Chapter 17.74. The city engineer shall also
A. It shall be the duty of the city official vested resolve any uncertainty regarding these setback
with the authority of issuing building permits to lines and grades.
enforce this chapter. The official shall not issue B. If purchase or dedication of property cre-
any such permit in conflict with the terms of this ates nonconforming conditions. the city shall
chapter,and any such permit or license issued in record this nonconformity with the county
conflict with the provisions of this chapter shall recorder for the information of future property
be null and void. owners.
B. Any building or structure erected or C. When feasible, the.city shall ensure that
moved contrary to the provisions of this chapter overhead utility lines along the proposed right-
shall be and the same is declared to be unlawful of--way are placed underground prior to comple-
and a public nuisance;and the city attorney shall, tion of the street widening.
upon order of the council, immediately com- D. When funds are available, the city shall
mence action or proceedings for the abatement ensure that inadequate or deficient public facili-
and removal and enjoinment thereofin the man- ties(water,sewer,fire hydrant, storm drain)are
ner provided by law, and shall take such other replaced prior to completion of the street widen-
steps and shall apply to such courts as may have ing.
jurisdiction to grant such relief as will abate and E. When funds are available, the city shall
remove such building or structure.(Prior code§ ensure that street trees are planted in conjunc-
9300.7) tion with the street widening. Under specified
.conditions,the city may require property owners
to plant required trees.
493
/ 040
DettmerArchitecture Constrt,iction&mtenor Design
1880 Santa Barbara Street
San Luis Obispo.California 93401
8051544-7858
August 159 1990
Arnold Jonas, Director
Ummmity Development Department
City of San Luis Obispo
990 Palm Street
San Luis Obispo, Ca. 93401
RE: Continental Motor Works
1101 Laurel Lane
Arnold,
Please be advised that the owners of the above referenced property,
Jeff and Susan Spevack, Would like to appeal to the City Planning
Co=ission for an exception to the official building setback line, per
City Ordinance 17.74.230.
As you know, the official building setback line, Which has been
positioned to allow re-alig=ent of the Laurel Lane/Orcutt
Road/Bullock Lane intersection, impacts the subject property
significantly, and results in a potential taking of the entire
property for future street widening.
The owners of the property Were first contacted by the City five years
ago about a possible purchase or trade for other City owned property.
After the owners responded to the City With possible interest in a
transaction, the City failed to communicate or express any further
interest in the property. Meanwhile, the owner's business bas
expanded and developed to a point requiring expansion and improvement
to the building and property.
Drawings for Architectural Review of an addition to the existing facil-
ty Were presented to the City in the fall of 1989. City staff
responded at that time that no improvements Would be allowed because
of the adopted plan line and potential taking of the property.
Subsequent discussions With City &Sineering staff .produced a change
in that position, With clear direction to the applicant to proceed
with the project.
An application for architectural review was ,filed on 6/15190 with.
crl}rsff!u+Jc xwo=l a 9itm em All- Oft Final apprimc l 'a pendt.... r44
�J Planning Coumnission and City Council resolution of the adopted plan
line and setback issue.
i -fnki?
Arnold Jonas
8/15/90
page two
The location of the official building setback line on the subject
property is such that no reasonable development of the property would
be possible. The owners, therefore, would be substantially damaged by
refusal to grant a permit or exception to the ordinance.
Because of the owner's need to improve his facilities to meet the
demands of his business, the property would not earn a fair return on
the owner's investment, unless the construction involved is
authorized.
And finally, because of the inability to reasonably develop the
property with the official building setback line in place, the
granting of the requested exception is neccessary for the preservation
of substantial property rights.
Discussions with Dave Romero and Engineering staff on 7/26/90 resulted
in a c®ittant from W. Romero to support and recommend the
appropriate exception to the Ordinance which would allow the project
to proceed. This recommendation is based on the likelyhood that no
street widening would actually be required within ten .to twenty years.
The applicant has responded in good faith to all City inquiries and
direction regarding this property, over the past five years, and is in
real need to move on with the required improvements to the property
and facilities.
1% respectfully request your support, and that of the planning
commission, for this request.
Sincerely,
WDNetr,
copies: Jeff and Susan Spevack
Dave Romero
''u�WII��III I��I III II�� PI��`IIIIIII -
�I ullllllIII A cit of sAn luis oaspo
U - 955 Morro Street• San Luis Obispo, CA 93401
August 15, 1990
MEMORANDUM
TO: Arnold Jonas, Community Development Director
FROM: David F. Romero, Public Works Director
SUBJECT: Development Proposed at the Northeast Corner of
Laurel Lane and Orcutt Road
Some years ago, the City adopted a setback line in anticipation
of future construction of a grade separation structure over the
railroad tracks on Orcutt Road. Because of physical problems in
getting the road grades for the structure back down to street
grade, the setback line anticipated some realignment and
regrading of Laurel Lane at Orcutt Road. This will require the
acquisition of approximately one-half the depth of the lot at the
northeast corner, probably making it unusable for commercial
purposes.
For many years there has been a State grade separation fund.
available for local communities, and the City was making its way
up the priority list. However with the pullout of many Southern
Pacific trains last year, our justification for priority became
negligible and we have since dropped off the list completely.
Without funds from an outside source, it will be Many years
before the City is able to fund and construct the grade-
separation
radeseparation structure. I_n view of this, we are proposing interim
improvements to realign Bullock Lane to meet the intersection of
Laurel Lane at Orcutt Road. In the longterm it is my conviction
that a grade separation structure will be needed at this
location, therefore, I am not willing to give up the setback
line. However construction of the structure might well be 20-30
years in the future.
f�
Setback
Page Two
j
In view of the uncertainty as to when we might proceed with the
improvements, the Public Works Department has no objection if the
owner of the property is granted an exception to the setback
ordinance restrictions on new construction. our preferred
approach would be to negotiate a City acquisition at this time,
so as to ease our acquisition problems when a grade separation
structure finally proceeds in the relatively distant future.
If a development is allowed on the property at this time, the
City wishes to work with the Planning staff and the developer to
assure that driveway access onto Laurel Lane presents as few
problems as possible.
Attachment: appeal procedure for setback ordinance
c: Randy Dettmer
Wayne Peterson
setback/dfr#23