HomeMy WebLinkAboutR-11526 abandon portions of Slack Street for Cal Poly Faculty Housing and to adjust city limit boundaries (STAB-0038-2024, ANNX-0219-2024)R 11526
RESOLUTION NO. 11526 (2024 SERIES)
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)
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 underlying 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 findings 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.
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Resolution No. 11526 (2024 Series) Page 2
R 11526
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.
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Resolution No. 11526 (2024 Series) Page 3
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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 Francis, seconded by Council Member
Shoresman, and on the following roll call vote:
AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease,
and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15th day of October 2024.
___________________________
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
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10/21/2024 | 7:48 AM PDT
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
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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.
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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.
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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
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