HomeMy WebLinkAboutItem 7a. Adopt a Resolution for the Abandonment and Detachment of a portion of Slack Street for Cal Poly Faculty Housing Vista Meadows Project (ANNX-0219-2024, STAB-0038-2024) Item 7a
Department: Community Development
Cost Center: 4008
For Agenda of: 11/12/2024
Placement: Public Hearing
Estimated Time: 30 Minutes
FROM: Timmi Tway, Community Development Director
Prepared By: Callie Taylor, Senior Planner
SUBJECT: PUBLIC HEARING TO CONSIDER A RESOLUTION TO ABANDON
PORTIONS OF SLACK STREET AND TO CONSIDER A DETACHMENT
TO ADJUST CITY LIMIT BOUNDARIES, WHICH ARE PROPOSED TO
ACCOMMODATE CAL POLY FACULTY AND STAFF HOUSING AND
CLEAN UP HISTORICAL CITY LIMIT BOUNDARIES NE
RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, to Abandon portions of Slack Street Rights -of-Way and to direct City
Staff to submit a Detachment Application to the San Luis Obispo Local Agency Formation
Commission (LAFCO) (STAB-0038-2024 and ANNX-0219-2024)” to adjust City limit
boundaries near Cal Poly University.
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. At the October 15, 2024 meeting, Council adopted a Resolution of
Intention to Abandon the City right-of-way necessary to build the project and set a hearing
date for November 12, 202,4 to consider and render a decision on the final Resolution of
Abandonment. Consideration of Cal Poly’s detachment request is being reviewed by the
City Council concurrently with the final Resolution to Abandon at the November 12, 2024
public hearing.
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 th e 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 unused most northerly 25-
feet of right-of-way to facilitate the housing project. The new sidewalk and landscaped
parkway on the north side is also proposed to be abandoned in order to transfer
Page 649 of 1527
Item 7a
maintenance and liability to Cal Poly, bringing the total width of abandonment to
approximately 35-feet.
On the west side of Grand Avenue, a sidewalk was installed on Slack Street by Cal Poly
in 2020 with an encroachment permit, issued by the City. The encroachment permit was
conditioned to require future ongoing liability and maintenance to be provided by Cal Poly.
Detachment and abandonment applications are currently being processed to transfer
ownership and maintenance to Cal Poly to fulfil that condition. The current application 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.
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 an 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 past the Vista Meadows project 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.
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
Page 650 of 1527
Item 7a
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 structure 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.
On October 15, 2024, the Council adopted a “Resolution of Intention,” which 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 is being considered
concurrently with the final Resolution of Abandonment on November 12, 2024. Council is
being asked to consider adopting a resolution authorizing staff to submit a detachment
application to the San Luis Obispo Local Agency Formation Commission (LAFCO).
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.
Figure 1: Location of Proposed Street Abandonment and Detachment
Page 651 of 1527
Item 7a
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
the Vista Meadows project, 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 17.130.020).
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 a ll 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.
October 15, 2024: The City Council adopted a “Resolution of Intention,” which set a public
hearing at Council for November 12, 2024, to consider a final “Resolution of Abandonment”
for portions of Slack Street.
Page 652 of 1527
Item 7a
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 for 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 to facilitate development of the project.
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 Avenu e 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 residential 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
Page 653 of 1527
Item 7a
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 network
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-
way 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.
Page 654 of 1527
Item 7a
Figure 4. Proposed Frontage Improvements on Slack Street, Typical Section
Cal Poly has requested the City vacate the remaining 25-feet of unused right-of-way
beyond the back of the northern edge of the new sidewalk to accommodate housing in
this location, as well as abandonment of the new sidewalk and landscape parkway in
order to transfer ownership and maintenance of those improvements to Cal Poly. The
total width of abandonment is approximately 35-feet. 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
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
Page 655 of 1527
Item 7a
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.
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
Area of abandonment west of Grand
includes sidewalk and drainage
recently installed by Cal Poly
Page 656 of 1527
Item 7a
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.
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. The following paragraphs discuss pertinent issues associated with the
abandonment and detachment requests for Council consideration.
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
Page 657 of 1527
Item 7a
Consistency with the General Plan
General Plan Land Use Element Policies 1.12.2, 2.6.1, and 2.6.5, and Housing Element
Polices 8.3 and 8.6 are related to providing student and campus housing for Cal Poly.
Circulation Element Policies 5.1.3, 8.1.3, and 9.1.1 require t hat new developments
provide sidewalks, assume fair share of responsibility for constructing circulation
improvements, and reduce or maintain vehicular speeds in residential neighborhoods.
The proposed street abandonment and detachment to accommodate the V ista Meadows
housing project are consistent with these policies:
Land Use Element Policy 1.12.2: Cal Poly. The City shall encourage Cal Poly to
provide additional on-campus housing, enhanced transit service, and other
measures to minimize impacts of campus commuting and enrollment. Cal Poly
should actively engage the community during updates or amendments to the
Campus Master Plan and fully mitigate impacts to the City, including environmental
and quality of life impacts to nearby neighborhoods.
Land Use Element Policy 2.6.1. Cal Poly. The City shall encourage Cal Poly to
build housing on campus for all of its students, to the extent feasible. On -campus
housing should be expanded at least as fast as enrollment increases.
Consideration shall be given for housing for faculty and staff as student enrollment
increases.
Land Use Element Policy 2.6.4. Location. The City shall encourage the
development of housing likely to attract faculty, staff, and students to locate close
to Cal Poly. The City shall work with Cal Poly to facilitate faculty and staff owning
or renting housing in adjacent neighborhoods.
Housing Element Policy 8.3. Encourage Cal Poly University to continue to develop
on-campus student housing to meet existing and future needs and to lessen
pressure on City housing supply and transportation systems.
Housing Element Policy 8.6. Encourage Cal Poly University to develop and
maintain faculty and staff housing, consistent with the General Plan.
Circulation Element Policy 5.1.3 New Development. New development shall
provide sidewalks and pedestrian paths consistent with City policies, plans,
programs and standards. When evaluating transportation impact, the City shall use
a Multimodal Level of Service analysis.
Circulation Element Policy 8.1.3 Neighborhood Traffic Speeds. To the extent
permitted under the California Vehicle Code, the City shall endeavor to reduce and
maintain vehicular speeds in residential neighborhoods.
Circulation Element Policy 9.1.1 New Development. The City shall require that new
development assumes its fair share of responsibility for constructing new streets,
bike lanes, sidewalks, pedestrian paths and bus turn‐outs or reconstructing
existing facilities.
Page 658 of 1527
Item 7a
The proposed Cal Poly applications for street abandonment and detachment will facilitate
on-campus housing consistent with the General Plan goals listed above. The
development will include public improvements on Slack Street, improving walkability and
vehicular safety in the neighborhood. The housing units would not count toward meeting
the City’s RHNA allocation because the property is located just outside City limits;
however, housing developed by Cal Poly University on State land will provide much
needed Cal Poly housing as identified in the City’s General Plan policies listed above.
Major City Goal: Housing and Homelessness
Housing and Homelessness has been identified as one of the 2023-25 Major City Goals.
As such, the 2023-25 Financial plan includes efforts to support housing development.
One of the stated objectives of the Cal Poly Vista Meadows project is to promote an d
enhance faculty and staff retention and recruitment by offering quality residential housing
at attainable rates. The construction of new staff housing on Cal Poly land helps to
implement and facilitate the City Council goal of providing housing to reside nts and
employees. By abandoning a portion of the unused right -of-way and modifying the City
limit line, the City can support construction of these housing units at the lower elevation
of the property, thereby minimizing environmental impacts of grading f urther up on the
hillside.
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 has included 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
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 th e 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.
Page 659 of 1527
Item 7a
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 educational
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.”
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 does not transfer ownership. Cal Poly and the City
Page 660 of 1527
Item 7a
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 responsibilities
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.
These points have been incorporated into the Draft Resolution to Abandon portions of
Slack Street (Attachment A) as conditions of approval.
Public Engagement
City staff has provided all required notifications in conformance with the Streets and
Highways Code and Council noticing policy, including lot postings, legal ads in the
newspaper, and neighborhood mailings. This application was review at City Council for
initiation on June 4, 2024, at Planning Commission on September 25, 2024, and at City
Council on October 15, 2024, and the public has had an opportunity of comment at each
of these previous public meetings. The public has an opportunity to comment on this item
at or before the November 12, 2024 City Council hearing. At the November 12, 2024
hearing, Council will consider the Resolution to Abandon and consider if the detachment
application should be submitted to LAFCO.
Page 661 of 1527
Item 7a
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 Campu s 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.
The Draft Resolution of Abandonment which is being considered by Council includes
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. In addition, the adjustment of City limits at
the proposed locations west of Grand Avenue and on Hathway qualify for a Class 19
CEQA categorical exemption, which exempts annexations containing existing public
structures developed to the density allowed by the current zoning.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2023-25
Funding Identified: N/A
Page 662 of 1527
Item 7a
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 major fiscal impact related to the proposed project. There will be a minor
future ongoing cost savings to the City associated with Cal Poly assuming maintenance
and liability of the sidewalks on the northerly side of the Slack Street frontage. The
sidewalk west of Grand Avenue was installed a few years ago, and the sidewalk east of
Grand Avenue will be installed with the Vista Meadows housing project, therefore the City
has not had major maintenance costs associated with these areas in the past. Future
maintenance of these sidewalks by Cal Poly will create a future cost savings to the City.
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 adopt the resolution with modifications to any of its
findings or conditions of approval.
2. The Council may choose to adopt a part of the request but not all, such as
approving only the Vista Meadows areas (east of Grand Avenue) but not the areas
west of Grand, or approving the abandonment but not the detachments. This
alternative is not recommended as it would create parcels that exist partially within the
City and partially within the County (dual jurisdiction).
3. The Council may choose to not adopt the Resolution to Abandon and/or the
Resolution of Detachment, thereby denying the abandonment and/or or
detachment, based on findings that the abandonment and/or detachment is
inconsistent with the General Plan, or other policies, or that the street is needed
for present or prospective public use. This is not a preferred alternative as it would
require Cal Poly to redesign the Vista Meadows project to relocate the residential units
outside of the existing right-of-way. Moving the residential units further to the north would
have additional environmental impacts as it would require additional grading on the
steeper slopes of the property. In addition, the City would retain the existing right-of-way,
including maintenance and liability, associated with new and existing sidewalks on the
north side of Slack Street along Cal Poly frontage.
4. 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.
Page 663 of 1527
Item 7a
ATTACHMENTS
A - Draft Resolution to Abandon portions of Slack Street and submit a Detachment
Application to LAFCO
B - PC Resolution No. 1091 (2024 Series) recommending City Council approve Slack
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 664 of 1527
R _____
RESOLUTION NO. ________ (2024 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO ABANDON PORTIONS OF SLACK
STREET RIGHTS-OF-WAY AND TO DIRECT CITY STAFF TO SUBMIT
A DETACHMENT APPLICATION TO THE SAN LUIS OBISPO LOCAL
AGENCY FORMATION COMMISSION (LAFCO) (STAB-0038-2024 AND
ANNX-0219-2024)
WHEREAS, the Cal Poly 2025 Campus Master Plan was approved by the CS U
Board of Trustees in May 2020, along with a Final environmental Impact Report. The
Campus Master Plan is a long-range planning document that guides the
development and use of the University’s 1,321 -acre main campus, addressing all
aspects of future physical development and land use on the campus to accommodate
growth in student enrollment and in fulfillment of Cal Poly’s academic mission. On
February 14, 2024 the California State University approved EIR Addendum #1 for the
Slack and Grand faculty/staff housing project, which addressed site constraints and
feasibility for approval of a 33-unit single family residential development for Cal Poly staff
and faculty, known as Vista Meadows, on a site approximately 8.5 acres in size ; and
WHEREAS, an application has been submitted by Cal Poly University to request
abandonment of approximately 35-feet of right-of-way width in the area adjacent to the
Vista Meadows project in order to facilitate the Vista Meadows housing project.
Abandonment of the new sidewalk to be installed in front of Vista Meadows, as well as
sidewalk recently installed by Cal Poly on the west side of Gran d Avenue, is proposed in
order to transfer ownership, maintenance, and liability of the developed sidewalk
frontage on Slack Street to Cal Poly; and
WHEREAS, a corresponding application for detachment has been submitted by
Cal Poly to ensure that the City limit boundaries match the property boundaries
associated with the areas of abandonment on the northern Slack Street frontage
adjacent to Cal Poly. APN 052-082-028 on Hathway is also proposed for detachment in
order to correct City limit boundaries at this location, as APN 052-082-028 is currently
owned and previously developed by Cal Poly; and
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
Page 665 of 1527
Resolution No. _____ (2024 Series) Page 2
R _____
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, the City Council of the City of San Luis Obispo held a duly noticed
public hearing on November 12, 2024 in the Council Chamber of City Hall, 990 Palm
Street, San Luis Obispo, California, to consider the Resolution to Abandon portions of
Slack Street rights-of-way and to direct City staff to submit a detachment application to
LAFCO, pursuant to a proceeding instituted under application STAB-0038-2024 and
ANNX-0219-2024, Cal Poly University, applicant, as required by California Streets and
Highways Code Section 8320; and
WHEREAS, notices of said City Council public hearing were made at the time
and in the manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations
by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings to abandon of a portion of Slack Street and to 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
circulation improvements, allowing for private maintenance of proposed a nd
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.
Page 666 of 1527
Resolution No. _____ (2024 Series) Page 3
R _____
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 responsibilit y for
constructing circulation improvements, and reduce or maintain vehicular speeds
in residential neighborhoods.
4. In accordance with the public hearing duly held on November 12, 2024 , pursuant
to Section 8300 et seq. of the California Streets and Highways Code, the City
Council finds and determines that the portion of public way, as described and
shown on the map and legal descriptions, attached hereto and incorporated
herein, is not necessary for present or future public street purposes.
5. 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.
6. The proposed right-of-way abandonment and detachments are consistent with
the Final Environmental Impact Report for the Cal Poly 2035 Master Plan (S tate
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. In addition, the adjustment of City limits
at the proposed locations west of Grand Avenue and on Hathway qualify for a
Class 19 CEQA categorical exemption, which exempts annexations containing
existing public structures developed to the density allowed by the current zoning.
SECTION 2. Approval. The City Council does hereby adopt a resolution to
abandon a portion of Slack Street and 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), subj ect 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 vacation. 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 t he Vista Meadows
project on Slack Street.
3. Any required easements for purposes of access and drainage shall be recorded
concurrent with or prior to recordation of a City Council re solution vacating
previous offers of dedication.
Page 667 of 1527
Resolution No. _____ (2024 Series) Page 4
R _____
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. 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 recordation of
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. Conditions of Approval shall be fulfilled prior to recordation of the City Council
Resolution of Abandonment. Recordation of the City Council Resolution of
Abandonment with the County Recorder shall complete the action to abandon
right-of-way on Slack Street.
10. Informational note: the abandonment does not constitute creation of a separate
lot or a potential future subdivision.
Page 668 of 1527
Resolution No. _____ (2024 Series) Page 5
R _____
SECTION 3. The City Clerk shall cause a certified copy of this Resolution of
Abandonment, duly attested under the seal of the City, to be recorded in the Office of
the San Luis Obispo County Recorder.
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 669 of 1527
Page 670 of 1527
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 671 of 1527
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 672 of 1527
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 673 of 1527
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 674 of 1527
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 675 of 1527
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
Page 676 of 1527
EXHIBIT "A-1"
LEGAL DEPICTION
08/27/2024
Page 677 of 1527
EXHIBIT "A-1"
LEGAL DEPICTION CONTINUED
08/27/2024
Page 678 of 1527
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 679 of 1527
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 680 of 1527
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 681 of 1527
Page 682 of 1527
Page 683 of 1527
Page 684 of 1527
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
Page 685 of 1527
Page 686 of 1527
1
Cal Poly Street Abandonment and
Detachment
STAB-0038-2024, ANNX-0219-2024
Slack Street and Hathway, Vista Meadows
City Council Hearing – November 12, 2024
Applicant – Cal Poly University
2
Project Description
Cal Poly has requested right-of-way abandonment on Slack Street to accommodate a
33-unit staff and faculty housing project (Vista Meadows).
o Slack Street east of Grand has 70’ right-of-way.
o Street pavement will be widened and sidewalk added in front of new housing.
o Request to abandon unused portion of remaining right-of-way.
o Corresponding City limit modification (detachment) to match new right-of-way.
Additional right-of-way abandonment and City limit clean up areas west of Grand
Avenue and on Hathway to correct historical boundaries.
The Vista Meadows housing project is located outside of City limits on State land.
o Housing project is not under consideration by the Planning Commission.
o Only the portions of the improvements proposed within City right-of-way are under the
City’s jurisdiction.
3
Project Site
•Slack Street
abandonment &
detachment:
•1.72 ±acres
•Includes east & west
sides of Grand Ave.
•APN 052-082-028
(Hathway) detachment:
•3.18 ±acres
4
Previous City 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.
August 13, 2024: During closed session, Council provided direction to staff regarding
negotiating parameters for the price and terms related to the proposed real property
transaction.
September 25, 2024: The Planning Commission reviewed the proposed applications.
A determination of General Plan conformity was made, 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.
October 15, 2024: The City Council adopted a “Resolution of Intention,” which set a
public hearing at Council for November 12, 2024, to consider a final “Resolution of
Abandonment” for portions of Slack Street.
5
Vista Meadows: Cal Poly Faculty and Staff Housing
6
Proposed Slack Street Frontage Improvements
6
Proposed edge of
right-of-way and
new City limit line Existing edge
of pavement
Slack Street currently has 22’ of pavement.
Cal Poly to build out 2 travel lanes, sidewalk, landscaped parkway, install
streetlights, and underground utilities.
Request to abandon unused portions of existing 70’ right-of-way.
Cal Poly would own and maintain new sidewalk and landscaped parkway
along north Slack Street frontage.
7
Existing and Proposed Right-of-way and City Limits
Slack Street (East of Grand)
7
8
Slack Street Existing Conditions: East of Grand
8
West East East
9
Slack Street Rendering of Improvements
9
10
Slack Street West of Grand
10
Sidewalk and drainage recently installed by Cal Poly west of Grand Ave.
Right-of-way abandonment and corresponding detachment proposed
Cal Poly to own and maintain where frontage improvements are completed
11
Slack Street West of Grand
11
Sidewalk on north side of Slack Street to be abandoned
Cal Poly to maintain northerly sidewalk
Pedestrian access easement will be recorded
12
City Limit Modification on Hathway
12
Existing
City limit
boundary
APN 052-082-028
proposed for
detachment
Proposed City
limit boundary
13
General Plan Conformity
California Government Code Section 65402 requires the local planning
agency to make a finding of General Plan conformance to abandon a street.
Planning Commission made this finding of General Plan conformance the
at the September 25 meeting
Finding is also included in the November 12, 2024 draft City Council
Resolution to Abandon
13
14
General Plan Conformity
General Plan Land Use Element Policies 1.12.2, 2.6.1, and 2.6.5, and Housing Element
Polices 8.3 and 8.6:
City shall encourage Cal Poly to develop and maintain faculty and staff housing.
Expand on-campus housing to meet existing and future needs.
Lessen pressure on City housing supply and transportation systems.
Land Use Element Policy 1.12.2:
Cal Poly should fully mitigate impacts to the City, including environmental and quality of
life impacts to nearby neighborhoods.
Circulation Element Policies 5.1.3, 8.1.3, and 9.1.1:
Require that new developments provide sidewalks and assume fair share of
responsibility for constructing circulation improvements.
Reduce or maintain vehicular speeds in residential neighborhoods.
14
15
Housing is a Major City Goal
Housing and Homelessness has been identified as one of the 2023-25 Major City
Goals.
The construction of new staff housing on Cal Poly land will provide housing for
Cal Poly employees.
By abandoning the unused right-of-way, the City can support construction of
these housing units at the lower elevation of the property, thereby minimizing
environmental and aesthetic impacts of grading further up on the hillside.
15
16
Future Circulation Needs
Slack Street is designated as a residential local street in the City’s General Plan
Circulation Element.
Proposed frontage improvements are consistent with City standards.
The abandonment of unused portions of Slack Street does not conflict with future
circulation needs or future roadway improvements.
A condition of approval is included to record a public pedestrian access easement on the
sidewalk on the north side of Slack Street.
Cal Poly will maintain the sidewalk and landscaped parkway; however, public access
shall be preserved.
16
17
Public Utilities
Easements must be reserved for public and private utilities.
City staff has notified all local utility companies for their review and comment.
Overhead lines are proposed to be installed underground as part of the frontage
improvements in the area of the Vista Meadows development.
The proposed right-of-way abandonment will not adversely impact existing or future
public utilities, provided the required easements are reserved as a condition of the
abandonment.
17
18
Response to Council Items Requested:
At the June 4, 2024 project initiation review, Council provided direction and guidance on key points.
Further direction was provided by Council regarding terms related to the proposed property
transaction at the August 13, 2024 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, 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.
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 (2 speed humps) on Slack Street as part of the encroachment
permit for frontage improvements.
18
19
Environmental Determination
The proposed street right-of-way abandonment is consistent with:
1.Final Environmental Impact Report for the Cal Poly 2035 Master Plan
(State Clearinghouse No. 2016101003)
Certified May 2020 by the California State University (CSU) Board of
Trustees San Luis Obispo
2.EIR Addendum #1 for the Slack and Grand faculty/staff housing project
Approved by the California State University on February 14, 2024
The adjustment to City limits (detachment) qualifies for a Class 19 CEQA
categorical exemption, which exempts annexations containing existing public
structures developed to the density allowed by the current zoning.
19
20
Planning Commission Recommendation
Planning Commission Hearing – September 25, 2024
PC voted 4-0 to recommend approval of detachment and abandonment
21
Recommendation
21
•Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of
San Luis Obispo, California, to Abandon portions of Slack Street Rights-of-Way
and to direct City Staff to submit a Detachment Application to the San Luis Obispo
Local Agency Formation Commission (LAFCO) (STAB-0038-2024 and ANNX-
0219-2024)” to adjust City limit boundaries near Cal Poly University.
22
Alternatives
22
1.The Council may choose to adopt the resolution with modifications to any of its findings
or conditions of approval.
2.The Council may choose to adopt a part of the request but not all, such as approving
only the Vista Meadows areas (east of Grand Avenue) but not the areas west of Grand,
or approving the abandonment but not the detachments.
3.The Council may choose to not adopt the Resolution to Abandon and/or the Resolution
of Detachment, thereby denying the abandonment and/or or detachment, based on
findings that the abandonment and/or detachment is inconsistent with the General Plan,
or other policies, or that the street is needed for present or prospective public use.
4.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.
2323
24
Location of Frontage Improvements
24
•Cal Poly’s frontage improvements
proposed to end approximately 200
feet from the end of Slack Street.
•Abandonment and detachment match
area of frontage improvements
25
Location of Frontage Improvements
25
•Cal Poly’s frontage improvements
proposed to end approximately 200
feet from the end of Slack Street
26
Location of Frontage Improvements
26