HomeMy WebLinkAboutItem 5f. Consideration of a Resolution of Intention to Abandon Portions of Slack Street as well as Future Consideration of a Detachment (STAB-0038-2024, ANNX-0219-2024) Item 5f
Department: Community Development
Cost Center: 4008
For Agenda of: 10/15/2024
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Callie Taylor, Senior Planner
SUBJECT: CONSIDERATION OF A RESOLUTION OF INTENTION TO ABANDON
PORTIONS OF SLACK STREET, WHICH IS PROPOSED TO
ACCOMMODATE CAL POLY FACULTY AND STAFF HOUSING, AS
WELL AS FUTURE CONSIDERATION OF A DETACHMENT TO ADJUST
CITY LIMIT BOUNDARIES NEAR CAL POLY (STAB-0038-2024, ANNX-
0219-2024)
RECOMMENDATION
Adopt a Draft Resolution of Intention entitled “A Resolution of the City Council of the City
of San Luis Obispo, California to abandon portions of Slack Street, which is proposed to
accommodate Cal Poly faculty and staff housing, as well as future consideration of a
detachment to adjust city limit boundaries near Cal Poly (STAB-0038-2024, ANNX-0219-
2024)”, and set a public hearing for November 12, 2024, to consider a Resolution of
Abandonment and Detachment.
REPORT-IN-BRIEF
Applications have been submitted by Cal Poly University (Cal Poly) requesting right -of-
way abandonment on Slack Street and a corresponding modification to the City limit line
(i.e., detachment) in order to accommodate a faculty and staff housing project on the Cal
Poly campus. Cal Poly is planning to construct a 33 -unit single-family housing
development, known as Vista Meadows, at the northeasterly corner of Slack Street and
Grand Avenue.
The existing right-of-way on Slack Street is 70 feet in width on the east of Grand Avenue;
however, street improvements are located on only the southern half of the right -of-way
with approximately 22 feet of existing pavement. Cal Poly is proposing to improve the
northern portion of the right-of-way and extend public improvements to a minimum of 37-
feet in width. Cal Poly is requesting that the City abandon the remaining unused right -of-
way to facilitate the housing project.
On the west side of Grand Avenue, a sidewalk was installed by Cal Poly in 2020 with an
encroachment permit, issued by the City, that required detachment and abandonment to
ensure ongoing liability and maintenance is provided by Cal Poly. The current application
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Item 5f
for right-of-way abandonment includes both the new sidewalk on Slack Street east of
Grand Avenue and the existing sidewalk on Slack Street west of Grand Avenue on Cal
Poly’s frontage. With abandonment, these sidewalks would be owned and maintained by
Cal Poly, thereby removing liability and ongoing maintenance responsibilities from the
City.
At the October 15, 2024 meeting, Council is being asked to consider adopting a
Resolution of Intention to set a hearing date to consider the proposed
abandonment. Should the Council adopt the Resolution of Intention, a hearing date
would be set for November 12, 2024, at which time the Council would consider and render
a decision on the final Resolution of Abandonment.
City boundary limits, which define the City’s jurisdictional area, currently coincide with the
existing right-of-way boundary at the northern edge of Slack Street on both east and west
of Grand Avenue. A modification to the City limit boundary is proposed in conjunction with
the street abandonment. A detachment application, which is the reverse of a n annexation,
is proposed to modify the City limit boundary to coincide with the proposed right -of-way
edge on the northern side of Slack Street, both east and west of Grand Avenue. The area
of detachment and abandonment includes only portions of Cal Poly’s frontage which are
fully built out with frontage improvements, including curb, gutter, sidewalk, and
undergrounding of utilities. Areas of frontage that remain unimproved (including the far
east portion of Slack Street and the far west portion of Slack Street near Longview Lane)
will remain as City right-of-way and under City jurisdiction in order to ensure future
frontage improvements are built to City standards.
A second detachment area is proposed on Hathway to adjust the City limit line to correct
historical boundary inconsistencies at APN 052-082-028, which is owned and previously
developed by Cal Poly University. The subject areas of the street abandonment and
detachment applications are shown in Figure 1 below. A resolution to consider
detachment will be considered by the City Council concurrently with the Resolution
to Abandon at the November 12, 2024 public hearing. There is no detachment action
associated with this current Council meeting on October 15, 2024.
SITE DATA
Applicant Cal Poly San Luis Obispo University
Zoning Right-of-way, Public Facility (PF), and R-1
General Plan Right-of-way, Public (PUB), and Low Density Residential (LDR)
Site Area Slack Street abandonment and detachment: 1.72 ± acres
APN 052-082-028 (Hathway) detachment: 3.18 ± acres
Environmental
Status
Project is consistent with the Final Environmental Impact Report for
the Cal Poly 2035 Master Plan and the EIR Addendum for the
Slack and Grand Faculty/Staff Housing Project
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Item 5f
POLICY CONTEXT
California Government Code Section 65402 (Planning and Land Use, Administration of
General Plan) requires the local planning agency to make a finding of General Plan
conformance whenever a governmental entity proposes to acquire property, dispose of
property, abandon a street, or construct or authorize a public building or s tructure within
the limits of a city that has an adopted general plan. Additionally, per the City Public Works
Department’s policies and procedures for street abandonments (Procedure Number
708.14, effective November 1986), a public hearing at the Planning Commission is
required to receive testimony and consider any constraints or conditions necessary for
abandonment. On September 25, 2024, the Planning Commission reviewed the requests,
considered constraints and conditions, made the determination of General Plan
conformity, and recommended the City Council approve of the proposed applications .
The Council is now being asked to consider whether to adopt a “Resolution of Intention,”
which would set a public hearing at Council (November 12, 2024) to consider a final
“Resolution of Abandonment,” which if adopted would then be recorded with the County
Recorder. This process is required by California Streets and Highways Code Sections
8320-8324. The Cal Poly request for detachment to modify the City limit boundaries w ill
be considered concurrently with the final Resolution of Abandonment on November 12,
2024. At that time, Council will consider adopting a resolution authorizing staff to submit
a detachment application to the San Luis Obispo Local Agency Formation Commission
(LAFCO).
Figure 1: Location of Proposed Street Abandonment and Detachment
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Item 5f
The Cal Poly Vista Meadows faculty and staff housing project itself is located outside of
City limits on State land and is not under consideration by the City Council. Only the
portions of the improvements proposed within City right-of-way and within current City
limits are under the City’s jurisdiction.
PREVIOUS REVIEW
June 4, 2024: At an initiation meeting, the City Council authorized staff to proceed with
processing the detachment application to modify the City limit boundary to accommodate
a new Cal Poly faculty and staff housing development known as Vista Meadows, as well
as other City limit clean-up areas as needed to correct historical jurisdictional boundary
crossings around Cal Poly. Applications to modify the City limit are referred to City Council
for initiation and early consideration prior to staff processing the application, similar to a
request to amend the City’s General Plan (Municipal Code Section 17.130.0 20).
On June 4, 2024, Council expressed support for the Vista Meadows project but offered
the following direction and guidance to staff:
1. The Vista Meadows project should include the necessary street lighting and traffic
calming on Slack Street frontage.
2. The City needs to be a good neighbor to Cal Poly and at the same time protect the
City’s interest. The Vista Meadows project should pay for all costs including staff
time required to advance this project. The Vista Meadows project should pay the
standard permit fees that fund cost of services provided to the project.
3. Bring back for Council consideration information on the valuation of the right -of-way
requested to be abandoned for the Vista Meadows project.
August 13, 2024: During closed session, Council provided direction to staff regarding
negotiating parameters for the price and terms of payment related to the proposed real
property transaction. This closed session discussion fulfilled item #3 identified at the June
4, 2024 Council meeting.
September 25, 2024: The Planning Commission reviewed the request on September 25,
2024, and made a determination of General Plan conformity as well as a recommendation
to the City Council to adopt a “Resolution of Intention” to consider abandonment of the
public right-of-way and to initiate a detachment by directing staff to submit an application
to LAFCO. Planning Commission Agenda Correspondence, including an email from a
neighbor on Slack Street and public comment at the hearing from a resident on Hays
Street, was provided for Planning Commission consideration.
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Item 5f
DISCUSSION
Background
Cal Poly is planning to construct a
33-unit single-family housing
development, known as Vista
Meadows, on the lower portion of
an 8.5-acre parcel at the north
easterly corner of Slack Street and
Grand Avenue, as shown in Figure
2.
Cal Poly is located outside City
limits within the County of San Luis
Obispo. The City of San Luis
Obispo was a commenting agency
on the Campus Master Plan and
EIR, but does not have jurisdiction
over the university. The State of
California is a superior agency, which acts as the lead agency for CEQA and issues its
own permits through the State architect f or development on-site, rather than obtaining
permits through the County of San Luis Obispo. While Cal Poly is located outside of City
limits, the City of San Luis Obispo has jurisdiction of Slack Street, which is a City right-of-
way within City limit boundaries. In order to build frontage improvements and widen Slack
Street to City standard, Cal Poly must obtain an encroachment permit from the City. Cal
Poly has submitted a street abandonment application to the City to request abandonment
of unused right-of-way.
Project Description
Slack Street East of Grand: Vista Meadows, Cal Poly Faculty and Staff Housing
Cal Poly’s Vista Meadows housing development includes 33 single-family homes,
proposed as two-story, detached 1,900 square foot residences with supporting amenities
for Cal Poly faculty and staff, including open space, a community garden, trails, and other
recreational features. Fourteen (14) of the residences are proposed to be constructed
along the north side of Slack Street between Grand Avenue and Henderson Avenue and
would be accessed by individual driveways directly from Slack Street. A 5 -foot sidewalk
and landscaped parkway would be constructed along the northerly development frontage
on Slack Street. Access to the remainder of the residenti al development would be
provided by two internal streets intersecting Slack Street directly in line with City streets
Henderson Avenue and Graves Avenue to the south. Parking for residents would be
accommodated within the project site, with parking for two cars per residence (66 in total)
within the ground floor of each residence with additional visitor parking provided in two
surface parking lots along the extension of Henderson Avenue. The conceptual
development plan is provided in Figure 3 below.
Figure 2: Location of Cal Poly’s Housing Project at the
northeast corner of Slack Street and Grand Avenue
Slack
Gr
a
n
d
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Item 5f
The proposed Cal Poly faculty and staff housing development would be developed at a
density comparable to that of adjacent single-family housing located across Slack Street
within the City of San Luis Obispo. Cal Poly has stated the proposed circulation networ k
for the project site is intended to be compatible with existing adjacent circulation patterns
in the area and intended to minimize project-related vehicular traffic on local residential
streets, including Grand Avenue and Slack Street. The project objectives, as identified by
the University, are to promote and enhance faculty and staff retention and recruitment by
offering quality residential housing at attainable rates; to strengthen the Cal Poly-San Luis
Obispo community connection; and to reduce faculty and staff commutes (i.e., vehicle
miles traveled, or VMT), associated greenhouse gas (GHG) emissions, and impacts on
neighborhood traffic.
Figure 3. Vista Meadows, Cal Poly Faculty and Staff Housing Conceptual Development Plan
Slack Street is currently improved on only the southern half of the right -of-way, providing
access to residential lots within the City of San Luis Obispo with approximately 22-feet of
existing pavement and some intermittent sidewalks. The existing Slack Street right -of-
wa y is 70 feet in width, with the northern portion (approximately 48 feet in width) currently
unimproved. Cal Poly is proposing to improve the northern portion of the right -of-way to
build out two 10-foot travel lanes and a 5-foot sidewalk with 4-foot landscaped parkway,
along with curb and gutter. Existing on-street parking would remain on the south side of
Slack Street. Overhead utilities on the northerly frontage would be undergrounded with
the public improvements. Proposed public improvements for build -out of Slack Street are
shown in Figure 4.
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Item 5f
Figure 4. Proposed Frontage Improvements on Slack Street, Typical Section
Cal Poly has requested the City vacate the remaining 25-feet of right-of-way beyond the
back of the northern edge of the new sidewalk to accommodate housing in this location.
The full 70-foot width of existing right-of-way is not needed for public street improvements.
Construction of residential units are proposed here at the lower slope of the property in
order to minimize grading impacts on the sloped Cal Poly property. If right -of-way is not
approved for abandonment by the City in the area beyond the back of sidewalk, Cal Poly
would have to redesign the housing project, which could result in additional grading,
environmental, and aesthetic impacts on the sloped lot.
Figure 5. Existing and Proposed Right-of-way and City Limits on Slack Street
The right-of-way abandonment is proposed to extend to the front of curb where the
concrete curb connects to the asphalt street. This would transfer ownership , as well as
all maintenance and liability obligations, of the northern sidewalk and landscaped
parkway on Cal Poly’s frontage to Cal Poly, thereby removing liability and ongoing
maintenance responsibilities from the City. A pedestrian access easement would be
recorded to maintain public access on the new Slack Street sidewalk.
Existing edge of right-of-way and
City limit boundary on Slack Street
(east of Grand Ave.)
Proposed edge of right-of-way
and City limit boundary
Existing edge of pavement
Proposed back of sidewalk
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Item 5f
City limits, which define the City’s jurisdictional area, currently coincide with the location
of the existing right-of-way boundary at the northern edge of Slack Street. A modification
to the City limit boundary is proposed in conjunction with the street abandonment. The
existing and proposed right-of-way and City limits on Slack Street east of Grand Avenue
are shown in Figure 5 above.
Frontage improvements and undergrounding of utilities, as well as the associated street
abandonment and modification to the City limit line, are proposed on Slack Street only in
the area directly fronting the new faculty and staff housing development. This is proposed
on Slack Street between Grand Avenue to just past Henderson Avenue. The remaining
200-feet of Slack Street past Henderson would remain as existing, with no proposed
changes to existing right-of-way or City limits beyond the Cal Poly development. The new
faculty housing project will be served by water and sewer provided by Cal Poly through
existing agreements with the City of San Luis Obispo and will utilize pipelines and
connections that will be extended through the campus.
Slack Street West of Grand
Abandonment and detachment on Slack Street west of Grand Avenue is also being
proposed with this application. The adjustments in this area are proposed to correspond
with previous frontage improvements that were installed by Cal Poly in this area through
encroachment permits in 2020 as part of the campus housing project in this location. A
condition of that previous encroachment permit was to adjust the right -of-way boundary
at a future date in order to remove the City’s liability and maintenance obligations for Cal
Poly’s improvements in this area.
Figure 6. Area of abandonment west of Grand
Abandonment and detachment are being proposed on Slack Street west of Grand Avenue
to the terminus of the existing sidewalk along the Cal Poly frontage, as shown in Figure
6 and Attachments C and D of this report. This will transfer liability and ongoing
maintenance of the improved frontage to Cal Poly. A pedestrian access easement will be
recorded to preserve public access along the frontage. Unimproved areas of the frontage
further west will remain under City jurisdiction so that the City can ensure future frontage
improvements are developed to City standards.
Area of abandonment west of Grand
includes sidewalk and drainage
recently installed by Cal Poly
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Item 5f
City Limit Modification (Detachment) at Hathway
City staff and Cal Poly have
identified an additional area along
the edge of Cal Poly as a
candidate for clean-up to correct
City limit boundary crossings
from past development. An area
of Cal Poly off Hathway near Mott
gym (APN 052-082-028) is within
City limits but is owned by Cal
Poly and previously developed
with campus improvements. This
area is being proposed for
inclusion with the current
detachment application to correct
historical jurisdictional boundary
line inconsistencies, as shown in
Figure 7.
City staff has initiated preliminary
discussions with LAFCO
regarding the detachment
application, including potential boundary clean-up areas. LAFCO staff is supportive of the
proposal to process a detachment application to create jurisdictional boundaries that
coincide with Cal Poly’s development limits.
PROJECT ANALYSIS
In order to abandon the right-of-way, the California Streets and Highways Code requires
the abandonment to be found consistent with the City’s General Plan and a finding that
the right-of-way is unnecessary for present or prospective public use . In addition,
continued access to any City or public utility services and improvements needs to be
properly preserved. The Planning Commission considered constraints and conditions at
the September 25, 2024 public hearing, and made a determination of General Plan
consistency. If the City Council adopts a Resolution of Intention to proceed with a public
hearing to consider the street abandonment application, complete analysis will be
included in the November 12, 2024 report for consideration of the Resolution to Abandon
and consideration of a detachment application to LAFCO.
Future Circulation Needs
The General Plan Circulation Element designates Slack Street as a residential local street.
The frontage improvements proposed on the east side of Grand for Vista Meadows and the
existing frontage improvement on the west side of Grand are consistent with City standards.
The abandonment of unused portions of Slack Street in these areas does not conflict with
future circulation needs as frontages are or will be developed to City standard. The City has
requested, and will include a condition of approval, to record a public pedestrian access
easement on the sidewalk on the north side of Slack Street. The area is being abandoned
Existing City limit
boundary
Figure 7. Additional City limit boundary modification
on Hathway to correct historical inconsistency
APN 052-082-028 proposed
for detachment
Proposed City
limit boundary
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Item 5f
so that Cal Poly will maintain the sidewalk and landscaped parkway, however, public access
shall be preserved. With buildout of Slack Street to current City standard and recordation of
a pedestrian access easement, the finding can be made that the right-of-way at this location
is unnecessary for present or prospective public use.
Public Utilities
If the Council determines that the 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 ensure that the affected local utilities retain rights
to repair and service their facilities within the area proposed for abandonment. The overhead
lines are proposed to be installed underground as part of the frontage improvements in the
area of the Vista Meadows development. Easements for existing utilities within the right-
of-way areas will be reserved as a condition of the abandonment. The Public Works
Department and Utilities Department support the proposed abandonment, subject to
reservation of necessary easements.
Response to Council Items Requested:
The following discussion is provided to address Council questions and direction from the
previous two meetings held in June and August 2024.
Item 1: Street Lighting and Traffic Calming
The Vista Meadows project design team and City Transportation Staff have worked
together to incorporate traffic calming on Slack Street into the project. The Vista Meadows
project will install City Standard Lighting requirements. The frontage improvements
proposed by Vista Meadows for Slack Street, including lighting, are typical project
conditions for development. Cal Poly will install two speed humps along Slack Street east
of Grand as preemptive measures to avoid potential illegal speeding concerns follo wing
the widening of Slack Street by Cal Poly.
Item 2: Permit Fees and Costs Related to Staff Time
The Vista Meadows project has funded the appropriate planning fees for the detachment
and street abandonment applications. These fees are identified in the Council’s adopted
fee schedule to cover staff time related to processing the discretionary applications,
including review of proposals, public hearings at Planning Commission and City Council,
and LAFCO applications and processing.
$17,020.30 – Street Abandonment application
$28,229.19 – Annexation/Detachment application
Cal Poly is a State agency of higher education and is entitled to fee exemptions that apply
to the State so long as it is acting within the scope of its authority to promote educationa l
purposes. Government Code 6103.6, prohibiting a fee or charge for “the mere issuance
of a permit,” also prohibits the assessment or collection of “any fee or charge from the
State” for work done “in, under, on or about any city…street.”
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Item 5f
These provisions typically preclude the City from charging Cal Poly fees for issuance of
an encroachment permit or for inspections. However, given that the proposed street
abandonment and detachment applications are discretionary, the City Council may add
conditions of approval as necessary to offset impacts of the proposed project. As
discussed during the June 4, 2024 City Council meeting, Cal Poly was requested to pay
the value of the encroachment permit fees to cover City staff plan check and inspection
time for cost recovery associated with the project. The value of the encroachment permit
issuance is $98,533.13, which includes both plan check and construction inspection fees.
The encroachment permit fee amount is a function of the value of the public improvements
Vista Meadows is installing, as shown in the engineer’s report submitted by Cal Poly and
as identified in the 2023-24 Comprehensive User Fee schedule. Cal Poly staff has stated
that they will agree to this requirement.
Item 3: Valuation of Right-of-Way to be Abandoned for the Vista Meadows Project
The northern street frontage on Slack Street that is being requested for abandonment is
owned by Cal Poly in fee title. Therefore, only the public right -of-way easement is being
abandoned, and the underlying land do es not transfer ownership. Cal Poly and the City
have negotiated parameters to fulfill the City Council’s request for consideration of
valuation. These parameters are consistent with the direction provided by City Council at
closed session:
1. Cal Poly will own, maintain, and hold all liability obligations related to the curb, cutter,
and sidewalk improvements installed within the abandonment area and has modified
its abandonment and detachment applications to reflect its ongoing responsibilities for
this area. Through this modification to the project, Cal Poly will not only undertake the
work and costs to widen and install new sidewalk, curb, gutter, and lighting
infrastructure on Slack Street east of Grand Avenue, it will also retain responsibi lities
for these new improvements, providing a net positive impact to the City’s
infrastructure.
2. Cal Poly has committed to recognizing the value of the right-of-way abandonment area
when considering City acquisition of land for utilities (water reservoir) in the future at
Cal Poly. Any dedication of land to the City for a water tank would require approval
from the Cal Poly Board of Trustees, with consideration of a recommendation by Cal
Poly staff.
3. Cal Poly will acknowledge the partnership with the City for the Vista Meadows project.
4. Cal Poly has agreed to pay the encroachment permit fees, including plan check and
inspection, related to the frontage improvements on Slack Street.
5. Cal Poly will install traffic calming on Slack Street as part of the encroachment permit
for frontage improvements.
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Item 5f
Public Engagement
This item is on the October 15, 2024 Council agenda for consideration of a Resolution of
Intention to abandon right-of-way, and staff has provided all required notifications in
conformance with the Streets and Highways Code and Council noticing policy. The public
has an opportunity to comment on this item at or before the meeting. Additional notices
will be completed by staff, including lot postings, legal ads in the newspaper, and
neighborhood mailings, in preparation of the November 12, 2024 hearing where Council
will consider the Resolution to Abandon and consider if the detachment application should
be submitted to LAFCO.
CONCURRENCE
This staff report was reviewed and approved by the Community Development
Department, Finance Department, City Attorney, and City Administration.
The project has been reviewed by various City departments including Community
Development, Public Works, Utilities, and Fire. Comments have been communicated to
the Cal Poly project team for incorporation into project design where
appropriate. Reservation of easements and infrastructure maintenance responsibilities
have been addressed. These departments’ comments will be included as conditions of
approval.
ENVIRONMENTAL REVIEW
California State University is the lead agency for the environmental review of the
faculty/staff housing project. In May 2020, the California State University (CSU) Board of
Trustees San Luis Obispo certified an EIR for the 2035 Campus Master Plan (State
Clearinghouse No. 2016101003). Addendum #1 to the Final Environmental Impact
Report was prepared and approved by the California State University on February 14,
2024, for the Slack and Grand faculty/staff housing project, and a Notice of Determination
was filed. The project plans, including proposed right -of-way improvements, were
analyzed under the EIR Addendum, which demonstrated in the substantive analysis that
the proposed revised project would not result in new significant impacts or a substantial
increase in the severity of significant impacts identified in the Campus Master Plan EIR.
All applicable mitigation measures identified in the Campus Master Plan EIR and included
in the adopted Mitigation Monitoring and Reporting Program are part of the project and
are listed in the EIR Addendum. The complete environmental analysis, including project
plans and project description, and the complete 2035 Cal Poly Campus Master Plan can
be viewed on the Cal Poly website.
If the November 12, 2024 public hearing is authorized to proceed, the Resolution of
Abandonment to be considered by Council will include CEQA findings. The proposed
street right-of-way abandonment and detachment applications are consistent with the
Final Environmental Impact Report for the Cal Poly 2035 Master Plan (State
Clearinghouse No. 2016101003) certified in May 2020 by the California State University
(CSU) Board of Trustees San Luis Obispo, and the EIR Addendum #1 approved by the
California State University on February 14, 2024 , for the Slack and Grand faculty/staff
housing project.
Page 236 of 560
Item 5f
FISCAL IMPACT
Budgeted: N/A Budget Year: 2023-25
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
There will be no net fiscal impact related to the proposed project. As noted in the
discussion above, the applicant is required to fund the review and processing of the
proposed applications, including the encroachment permit, street abandonment,
detachment, and any associated analysis.
ALTERNATIVES
1. The Council may choose to not adopt the Resolution of Intention and deny the
abandonment, based on findings that the abandonment is inconsistent with the
General Plan, or other policies, or that the street is needed for present or
prospective public use.
2. The Council may continue the request. If the Council continues action, then specific
direction should be given to staff and the applicant regarding further information needed.
ATTACHMENTS
A - Draft Council Resolution of Intention to Abandon Portions of Slack Street
B - 9/25/2024 PC Resolution recommending City Council approve street abandonment
and detachment
C - Legal Description of Slack Street Vacation (Right-of-way Abandonment)
D - Legal Description of Slack Street and Hathway Detachments (City Limit Adjustment)
E - Map of Slack Street and Hathway Detachments (City Limit Adjustment)
F - Conceptual Site Plan, Cal Poly Vista Meadows Faculty and Staff Housing
Page 237 of 560
Page 238 of 560
R _____
RESOLUTION NO. ________ (2024 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA DECLARING THE INTENTION TO ABANDON
PORTIONS OF SLACK STREET RIGHTS-OF-WAY (CAL POLY SAN
LUIS OBISPO UNIVERSITY) STAB-0038-2024
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 September 25, 2024, for the purpose of considering applications
STAB-0038-2024 and ANNX-0219-2024, including making a General Plan conformity
determination per State law, for considering constraints and conditions for the proposed
right-of-way abandonment, and for formulating a recommendation to the City Council on
a request for abandonment of excess street rights-of-way on portions of Slack Street
and for detachment to modify City limit lines; Cal Poly University, applicant; and
WHEREAS, research of the title report shows that the City of San Luis Obispo
does not have fee ownership of land und erlying the street rights-of-way on Slack Street;
and
WHEREAS, the Planning Commission found that the proposed rights-of-way
abandonment is consistent with the City’s General Plan, and recommended that the City
Council approve the abandonment, based on f indings and subject to conditions as
indicated in the Planning Commission Resolution, incorporated herein by reference as
Exhibit A; and
WHEREAS, the City Council of the City of San Luis Obispo considered the
Resolution of Intent in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California, on October 15, 2024, pursuant to a proceeding instituted under
application STAB-0038-2024, Cal Poly University, applicant as required by California
Streets and Highways Code Section 8320; and
WHEREAS , notices of said City Council consideration were made at the time
and in the manner required by law; and
NOW, THEREFORE, 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 consider abandonment of portions of Slack Street as shown on the map
and legal description marked Attachment C, on file in the office of the City Clerk,
pursuant to Section 8300 et seq. of the State of California Streets and Highways Code.
SECTION 2. Copies of the map and legal description showing the particulars of
the proposed abandonment are on file in the office of the City Clerk, at 990 Palm Street,
and included as attachments to the Council Agenda Report.
Page 239 of 560
Resolution No. _____ (2024 Series) Page 2
R _____
SECTION 3. Tuesday, November 12, 2024, at 5:30 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. As required by the California Streets and Highways Code Section
8322, notice of the hearing on the proposed vacation shall be published for at least two
successive weeks prior to the hearing in a daily, semiweekly, or weekly newspaper
published and circulated in the local agency conducting the proceeding.
SECTION 5. The City Engineer shall post at least three (3) public notices of the
proposed abandonment in prominent locations near the portion of the street rights-of-
way to be abandoned at least fourteen (14) days before the date set for the hearing in
accordance with Section 8323 of the Streets and Highways Code.
Page 240 of 560
Resolution No. _____ (2024 Series) Page 3
R _____
SECTION 6. The City Engineer shall give written notice of the vacation
proceedings to utility companies that have requested notice of the vacation proceeding
under Section 8346 within ten (10) days after adoption of the Resolution of Intention in
accordance with Section 8347 of the Streets and Highways Code.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 20 24.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
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
Page 241 of 560
Page 242 of 560
RESOLUTION NO. PC-1 091 -2024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO RECOMMENDING THE CITY COUNCIL ADOPT A
RESOLUTION OF INTENTION TO ABANDON A PORTION OF SLACK
STREET AND RECOMMENDING CITY COUNCIL APPROVE THE
DETACHMENT OF ABANDONED AREAS ON SLACK STREET AND
PROPERTY ON HATHWAY FROM THE CITY OF SAN LUIS OBISPO
cAL POLY SAN LUIS OBISPO UNIVERSITY) ANNX-0219-2024, STAB-
0038-2024
WHEREAS, a duly noticed Public Hearing before the Planning Commission of
the City of San Luis Obispo was held on September 25,2024, in the Council Chamber
of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of
considering applications ANNX-0219-2024 and STAB-0038-2024, a request to abandon
a portion of Slack Street and a proposed detachment of a portion of Slack Street and a
property on Hathway; and
WHEREAS, said public hearing was for the purpose of reviewing the proposed
abandonment of street right-of-way for conformity with the City's General Plan per State
law, for considering constraints or conditions for the proposed right-of-way
abandonment per City policy, and fonruarding the abandonment and detachment
recommendations to the City Council of the City of San Luis Obispo; and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by law; 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 lT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the
following findings in support of the intention to abandon of a portion of Slack Street as a
recommendation to City Council, and recommends the City Council initiate the process
of detachment of a portion of Slack Street and property on Hathway from the City of San
Luis Obispo by authorizing staff to make application for detachment to the San Luis
Obispo Local Agency Formation Commission (LAFCO).
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 purposes since this portion of the road
will be improved to City standards with the Vista Meadows housing project.
2. The right-of-way abandonment will benefit the general public by allowing private
management of the driveway entries, allowing pedestrian and vehicular
Page 243 of 560
Planning Commission Resolution No. PC-1 091-2Q24
AN NX-02 1 9-2024, STAB-0038 -2024 (Ca I Poly)
Page 2
circulation improvements, allowing for private maintenance of proposed and
existing private drainage facilities, landscape areas, and sidewalks, eliminating
unused right-of-way, and eliminating the City's costs for maintaining
infrastructure within the right-of-way that is being abandoned.
3. The proposed abandonment and detachment are consistent with the General
Plan, including Land Use Element Policies 1.12.2,2.6.1, and 2.6.5, and Housing
Element Polices 8.3 and 8.6 related to campus housing for Cal Poly, and
Circulation Element Policies 5.1.3,8.1.3, and 9.1.1 which require that new
developments provide sidewalks, assume fair share of responsibility for
constructing circulation improvements, and reduce or maintain vehicular speeds
in residential neighborhoods.
4. The detachment of areas on Slack Street and APN 052-082-028 on Hathway will
create appropriate jurisdictional boundaries for properties at Cal Poly, including
correction of historical boundary inconsistencies, and will prevent properties from
having dual jurisdiction upon abandonment of right-of-way.
5. The proposed right-of-way abandonment and detachments are consistent with
the Final Environmental lmpact Report for the Cal Poly 2035 Master Plan (State
Clearinghouse No. 2016101003) certified in May 2020 by the California State
University (CSU) Board of Trustees San Luis Obispo, and the EIR Addendum #1
approved by the California State University on February 14, 2024 for the Slack
and Grand faculty/staff housing project.
Section 2. Recommendation. The Planning Commission does hereby
recommend the City Council adopt a resolution of intention to abandon a portion of
Slack Street and recommends the City Council approve the filing of an application for
detachment of a portion of Slack Street and property on Hathway with the San Luis
Obispo Local Agency Formation Commission (LAFCO), subject to the following
conditions.
1. The new monuments set to describe the boundaries of Slack Street and the
adjoining property corners for all affected parcels shall be documented by a
Record of Survey.
2. Public and private utility companies shall receive notice of intention to vacate
prior to the City Council hearing. lf the Council determines that the right-of way
should be abandoned, reservation of easements for existing public utilities,
including water and sewer, shall be required, to the satisfaction of the respective
utility companies, along with any revisions to those facilities as a result of
development of the Vista Meadows project on Slack Street. Specific details will
be determined during the abandonment process, prior to adoption of a final
abandonment resolution by the City Council.
Page 244 of 560
Planning Commission Resolution No. PC-1 091-2024
ANNX-021 9-2024, STAB-0038-2024 (Cal Poly)
Page 3
3. lf the Council approves the right-of-way abandonment, any required easements
for purposes of access and drainage shall be recorded concurrent with or prior to
recordation of a City Council resolution vacating previous offers of dedication.
4. All required pictorial exhibits and/or legal descriptions necessary to complete the
abandonment process shall be provided by the project applicant to the
satisfaction of the Public Works Director. All exhibits and/or legal descriptions
shall be prepared by a Licensed Land Surveyor or Civil Engineer who is
authorized to practice Land Surveying, in accordance with the California
Business and Professions Code Section 8700 et seq.
5. The abandonment resolution of the City Council shall include reservation of an
easement for pedestrian access on the northern sidewalk on Slack Street
frontage (both east and west of Grand Avenue), or a separate pedestrian access
easement shall be recorded prior to abandonment, to the satisfaction of the City
Engineer and the City Attorney for preservation of public pedestrian access along
the sidewalk.
6. A revision to encroachment permit ENCR-0470-2024 shall be submitted by the
applicant to include two (2) speed humps on Slack Street for traffic calming. The
design of the speed humps shall be to the satisfaction of the Public Works
Director. Speed humps.shall be installed prior to permit final.
7. The applicant shall submit payment for encroachment permit ENCR-0470-2024,
in accordance with the City's 2023-24 Comprehensive User Fee schedule, to
reimburse the City for staff time associated with plan check and construction
inspection for public improvements on Slack Street.
8. Cal Poly has committed to supporting a future land value offset for City
acquisition of land for utilities (water reservoir) at Cal Poly as a land exchange for
the abandonment of 1.72 + acres right of way on Slack Street.
9. lnformational note: the abandonment does not constitute creation of a separate
lot or a potential future subdivision.
Page 245 of 560
Planning Commission Resolution No. PC-1 091-2024
AN NX-02 1 9-2024, STAB-0038 -2024 (Cal Poly)
Page 4
On motion by Commissioner Jorgensen, seconded by Vice Chair Houghton, and on the
following roll call vote to wit:
AYES: Commissioner Jorgensen, Commissioner Flores, Vice Chair Houghton,
and Chair Cooley
NOES: None
REFRAIN: None
ABSENT: Commissioners Kahn, Munoz-Morris, and Tolle
The foregoing resolution was passed and adopted this 25th day of September 2024
Tyler Corey ry
Planning C lssron
Page 246 of 560
EXHIBIT "A"
LEGAL DESCRIPTION
Those portions of Slack Street and Grand Avenue as shown on the map filed in Book 102 of Records of Survey at Pages
55 through 60, inclusive, in the Office of the County Recorder, County of San Luis Obispo, State of California, described
as follows:
Beginning at a point on the northerly right-of-way line of Slack Street of said Records of Survey, said point
being South 87°55'42" East a distance of 874.14 feet from the westerly terminus of the course shown as
S87°55'42"E 1084.07’ of the said northerly right-of-way line of Slack Street; thence,
Leaving said northerly right-of-way line South 2°04'18" West a distance of 37.50 feet; thence,
North 87°55'42" West a distance of 132.50 feet; thence,
South 87°10'21" West a distance of 17.56 feet; thence,
North 87°55'42" West a distance of 39.00 feet; thence,
North 83°01'46" West a distance of 17.56 feet; thence,
North 87°55'42" West a distance of 296.00 feet; thence,
South 87°10'21" West a distance of 17.56 feet; thence,
North 87°55'42" West a distance of 39.00 feet; thence,
North 83°01'46" West a distance of 17.56 feet; thence,
North 87°55'42" West a distance of 235.78 feet; thence,
South 83°56'29" West a distance of 7.07 feet; thence,
North 87°55'42" West a distance of 6.00 feet; thence,
North 79°47'54" West a distance of 7.07 feet; thence,
North 87°55'42" West a distance of 12.19 feet; thence,
North 2°04'18" East a distance of 1.50 feet; thence,
North 87°55'42" West a distance of 26.24 feet to a curve concave to the northeast having a radius of 25.00 feet;
thence,
Westerly, northwesterly and northerly along said curve through a central angle of 89°58'59" an arc distance of
39.26 feet; thence,
North 87°56'43" West a distance of 76.53 feet to a curve concave to the northwest having a radius of 26.26 feet,
the radial bearing to said point being South 43°49'15" East; thence,
Southerly, southwesterly and westerly through a central angle of 45°52'02" an arc distance of 21.02 feet; thence,
North 87°57'13" West a distance of 414.36 feet; thence,
North 82°27'40" West a distance of 52.24 feet; thence,
North 87°57'13" West a distance of 158.53 feet; thence,
South 88°50'33" West a distance of 89.46 feet; thence,
North 87°57'13" West a distance of 128.06 feet; thence,
North 83°47'55" West a distance of 28.51 feet; thence,
North 2°02'47" East a distance of 41.93 feet to said northerly right-of-way line of Slack Street; thence,
Along said northerly right-of-way line of Slack Street and the easterly right-of-way line of Grand Avenue of said
Records of Survey the following 3 courses:
Page 247 of 560
South 87°57'13" East a distance of 987.67 feet; thence,
South 2°05'32" West a distance of 25.04 feet; thence,
South 87°55'42" East a distance of 874.14 feet to the Point of Beginning.
RESERVING and EXCEPTING from the said vacation, unto any existing public utility, pursuant to the provisions
of Section 8340 of the Streets and Highways Code, any easement and right necessary at any time, or from time to
time, to construct, maintain, operate, replace, remove, renew and enlarge their respective public utility facilities,
and all facilities incidental thereto, including access to protect the property from hazards, said area shall also be
kept open and free of buildings, structures and wells of any kind in, upon, and over the road herewith vacated.
In accordance with Section 8352 of the Streets and Highways Code, said vacation is not intended to extinguish any
private rights of access that may exist in favor of the properties fronting the Subject Area described hereinabove.
The land described is shown graphically on Exhibit “A-1”.
08/27/2024
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EXHIBIT "A-1"
LEGAL DEPICTION
08/27/2024
Page 249 of 560
EXHIBIT "A-1"
LEGAL DEPICTION CONTINUED
08/27/2024
Page 250 of 560
Page 1 of 3
DETACHMENT NO.
from the City of San Luis Obispo
Detachment Area 1:
That portion of the land described in the City of San Luis Obispo Ordinance No. 304 (new Series)
approving the annexation of the Monterey Heights et.al. described as follows:
Beginning at a point on the northerly line of the Phillips Addition annexation in said
Ordinance No. 304, point also being on the northerly right-of-way line of Slack Street as
shown on the map filed in Book 102 of Records of Survey at Pages 55 through 60,
inclusive, in the Office of the County Recorder, County of San Luis Obispo, State of
California, said point being South 87°55'42" East a distance of 874.14 feet from the
westerly terminus of the course shown as S87°55'42"E 1084.07’ of the said northerly
right-of-way line of Slack Street; thence,
Leaving said northerly right-of-way line and said annexation line South 2°04'18" West a
distance of 37.50 feet; thence,
North 87°55'42" West a distance of 132.50 feet; thence,
South 87°10'21" West a distance of 17.56 feet; thence,
North 87°55'42" West a distance of 39.00 feet; thence,
North 83°01'46" West a distance of 17.56 feet; thence,
North 87°55'42" West a distance of 296.00 feet; thence,
South 87°10'21" West a distance of 17.56 feet; thence,
North 87°55'42" West a distance of 39.00 feet; thence,
North 83°01'46" West a distance of 17.56 feet; thence,
North 87°55'42" West a distance of 235.78 feet; thence,
South 83°56'29" West a distance of 7.07 feet; thence,
North 87°55'42" West a distance of 6.00 feet; thence,
North 79°47'54" West a distance of 7.07 feet; thence,
North 87°55'42" West a distance of 12.19 feet; thence,
North 2°04'18" East a distance of 1.50 feet; thence,
North 87°55'42" West a distance of 26.24 feet to a curve concave to the northeast having
a radius of 25.00 feet; thence,
Westerly, northwesterly and northerly along said curve through a central angle of
89°58'59" an arc distance of 39.26 feet; thence,
North 87°56'43" West a distance of 76.53 feet to a curve concave to the northwest
having a radius of 26.26 feet, the radial bearing to said point being South 43°49'15"
East; thence,
Southerly, southwesterly and westerly through a central angle of 45°52'02" an arc
distance of 21.02 feet; thence,
Page 251 of 560
Page 2 of 3
North 87°57'13" West a distance of 414.36 feet; thence,
North 82°27'40" West a distance of 52.24 feet; thence,
North 87°57'13" West a distance of 158.53 feet; thence,
South 88°50'33" West a distance of 89.46 feet; thence,
North 87°57'13" West a distance of 128.06 feet; thence,
North 83°47'55" West a distance of 28.51 feet; thence,
North 2°02'47" East a distance of 41.93 feet to the northerly line of the Phillips Addition
annexation in said Ordinance No. 304; thence,
Along said northerly line the following 3 courses:
South 87°57'13" East a distance of 987.67 feet; thence,
South 2°05'32" West a distance of 25.04 feet; thence,
South 87°55'42" East a distance of 874.14 feet to the Point of Beginning.
The land described contains 1.72 acres more or less.
Detachment Area 2:
That portion of the land described in the City of San Luis Obispo Ordinance No. 304 (new Series)
approving the annexation of the Monterey Heights et.al. described as follows:
Beginning at a point on the northeasterly line of the California Park annexation in said
Ordinance No. 304, said point the easterly terminus of the course shown as N71°43'47"E
382.80’ of northerly right-of-way line of Hathway Avenue as shown on the map filed in
Book 102 of Records of Survey at Pages 55 through 60, inclusive, in the Office of the
County Recorder, County of San Luis Obispo, State of California; thence,
Leaving said annexation line and along said northerly right-of-way line the following 3
courses:
South 71°43'47" West a distance of 382.80 feet to a curve concave to the southeast
having a radius of 160.00 feet, the radial bearing to said point being North 18°16'23"
West; thence,
Southwesterly along said curve through a central angle of 49°02'26" an arc distance of
136.95 feet; thence,
South 21°43'34" West a distance of 29.24 feet to the southeast corner of Parcel ‘C’ of
Parcel Map No. SLO 71-279 filed in Book 7 of Parcel Maps at Page 79 in the Office of the
County Recorder, County of San Luis Obispo, State of California; thence,
Northerly along the easterly line of said Parcel ‘C’ and Parcel ‘B’ of said Parcel Map No.
SLO 71-279 North 18°11'35" West a distance of 203.75 feet; thence,
Southwesterly along the northwesterly of said Parcel ‘B’ South 42°18'03" West a distance
of 46.55 feet to a point being South 47°41'57" East a distance of 25.00 feet from the
southeast corner of Lot 88 of Map of Resubdivision of California Park filed in Book 3 of
Page 252 of 560
Page 3 of 3
Maps at Page 117 in the Office of the County Recorder, County of San Luis Obispo, State of
California; thence,
North 47°41'57" West a distance of 25.00 feet to the southeast corner of said Lot 88;
thence,
Along the southerly line of said Lot 87 and southerly lines of Lots 67 through 70 of said
Map of Resubdivision of California Park the following 2 courses:
North 42°18'03" East a distance of 93.04 feet; thence,
North 58°18'03" East a distance of 623.88 feet to the easterly line of the public road as
shown of said Map of Resubdivision of California Park; thence,
Southerly along said easterly line South 2°07'50" West a distance of 252.80 feet; thence,
Continuing along said easterly line South 0°49'10" East a distance of 82.59 feet to the
Point of Beginning.
The land described contains 3.18 acres more or less.
Prepared by:
Steven B. Webster, LS 7561
Date:
Page 253 of 560
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Page 255 of 560
Page 256 of 560
Ascent Introduction
California Polytechnic State University, San Luis Obispo
Slack and Grand Faculty/Staff Housing Project EIR Addendum 1-15
Source: Produced by RRM Design Group in 2023; Adapted by Ascent, Inc. in 2023.
Figure 1-7 Conceptual Site Plan
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