HomeMy WebLinkAboutR-11153 approve the acquisition of property adjacent to Los Osos Valley Road from Caltrans (GENP-0251-2020)R 11153
RESOLUTION NO. 11153 (2020 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO APPROVE THE ACQUISITION OF
PROPERTY ADJACENT TO LOS OSOS VALLEY ROAD FROM THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO
THE CITY OF SAN LUIS OBISPO (CITY) BASED ON THE
DETERMINATION OF GENERAL PLAN CONFORMANCE WITH AN
EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED
IN THE STAFF REPORT AND ATTACHMENTS DATED AUGUST 18,
2020 (GENP-0251-2020)
WHEREAS, The City has received a request from the California Department of
Transportation for the City to acquire the property adjacent to Los Osos Valley Road; and
WHEREAS, the City of San Luis Obispo Planning Commission conducted a public
hearing on June 24, 2020, to consider whether the property conforms to applicable goals and
policies of the City’s General Plan, and found that the proposed acquisition is consistent with the
City’s General Plan.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this
reference.
SECTION 2. Environmental Review. Section 15061(b)(3) states a project is exempt from
CEQA if the activity is covered by the general rule that CEQA applies only to projects which have
the potential for causing a significant effect on the environmental. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA. The determination of general plan conformity
for the acquisition of land for right-of-way by the City of San Luis Obispo is not subject to CEQA
because the project will not have a significant effect on the environment since it is a policy review
of whether acquiring land is consistent with the General Plan. Any future development related to
the proposed right-of-way will be subject to environmental review as required under CEQA.
Resolution No. 11153 (2020 Series) Page 2
R 11153
SECTION 3. The City Council hereby approves the acquisition and authorizes the Mayor
to sign the acceptance letter attached hereto as Exhibit “A”.
Upon motion of Council Member Christianson, seconded by Council Member
Stewart, and on the following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of August 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ___________________.
____________________________________
Teresa Purrington
City Clerk
“Provide a safe, sustainable, integrated and efficient transportation system
to enhance California’s economy and livability”
STATE OF CALIFORNIA 05-SLO-101-PM 25.9
DEPARTMENT OF TRANSPORTATION Relinquishment No. 11578
50 HIGUERA STREET
SAN LUIS OBISPO, CA 93401-5415
PHONE (805) 549-3111
www.dot.ca.gov
ATTN: Paul Valadao
The City of San Luis Obispo has reviewed your offer to accept that portion of State
Right of Way to be relinquished as per letter dated March 11, 2020 and the maps.
- Yes, we are willing to accept the Relinquishment in its current environmental
condition and setting, including, but not limited to, the presence of hazardous
materials as described in the described in the attached “Hazardous Waste
Summary” dated May 21, 2019.
The City of San Luis Obispo has received and reviewed a copy of the
above-referenced “Hazardous Waste Summary” dated March 11, 2020.
Upon recordation of the CTC’s Resolution of Relinquishment in the County
Recorder’s Office, CALTRANS will not be responsible for any present or
future remediation of said hazardous materials. Please proceed with
preparing the final submittal.
- No, we are not interested in accepting the Relinquishment.
- Yes, we agree to waive the ninety (90) days’ notice of “Intention to Relinquish”
requirement contained in Section 73 of the Streets and Highways Code.
- No, we do not agree to waive the ninety (90) days’ notice of “Intention to
Relinquish” requirement contained in Section 73 of the Streets and Highway
Code.
As the _____________________________ for the City of San Luis Obispo and having
the authority to act on behalf of the City Council, I attest to the above checked
items.
BY: _______________________________
TITLE: _______________________________
DATE: _______________________________
Exhibit A