HomeMy WebLinkAboutR-11531 Abandon portions of Slack Street Rights-of-Way and to direct City Staff to submit a Detachment Application to LAFCO (ANNX-0219-2024, STAB-0038-2024)RESOLUTION NO. 11531 (2024 SERIES)
A RESOLUTION OF THE CITY COUNGIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO ABANDON PORTIONS OF SLACK
STREET RIGHTS.OF.WAY AND TO DIRECT GITY STAFF TO SUBMIT
A DETACHMENT APPLICATION TO THE SAN LUIS OBISPO LOCAL
AGENCY FORMATION COMMISSION (LAFCO) (STAB-0038-2024 AND
ANNX-0219-20241
WHEREAS, the Cal Poly 2025 Campus Master Plan was approved by the CSU
Board of Trustees in May 2020, along with a Final environmental lmpact 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 thewest'side of Grand 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 formuldting 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
R 11531
Resolution No. 1 1 531 (2024 Series)Page 2
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 lntent 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 lT 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 easemenls, 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 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.
R 11531
Resolution No. 11 531 (2024 Series)Page 3
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. ln 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 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. ln 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), 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 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 the 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 resolution vacating
previous offers of dedication.
R 11531
Resolution No. 11531 (2024 Series)Page 4
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 andior 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-0470-2O24 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.
l0.lnformational note: the abandonment does not constitute creation of a separate
lot or a potential future subdivision.
R 11531
Resolution No. 11531 (2024 Series)Page 5
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 Marx, seconded by Council Member
Shoresman, and on the following roll call vote:
AYES Council Member Francis, Marx, Shoresman, Vice Mayor Pease,
and Mayor Stewart
None
None
The foregoing resolution was adopted this 12th day of November 2024
Mayor A. Stewart
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM
hristine Dietrick
City Attorney
lN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Luis Obispo, California,on Novr.r,-'b*r- lt{ . 2OZtl
Teresa Purrington
City Clerk
NOES:
ABSENT
)
R 11531
RESOLUTION NO. PC-l091 -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-A219-2A24 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 forurarding 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 supporl of the intention to abandon of a portion of Stack Street as a
recommendation to City Council, and recommends the City Council initiate the process
of detachment of a portion of Slack Street and properly 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
Planning Commission Resolution No. PC-1 091 -2O?4
ANNX-02 1 9-2024, STAB-0038 -2A24 (Cal 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 righlof-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 2A2A 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.
Planning Commission Resolution No. PC-1 A91-2424
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 andlor 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.
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.
The applicant shall submit payment for encroachment permit ENCR-047A-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.
Cal Poly has committed to supporting a future land value offset for City
acquisiiion 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.
lnformational note: the abandonment does not constitute creation of a separate
lot or a potential future subdivision.
6
7
I
I
Planning Commission Resolution No. PC-1 091-2024
ANNX-021 I -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 2O24.
4\ -..-
Tyler CoreyTdfcretary
Planning Cdtt'mission
Office of the City Clerk
990 Palm Street, San Luis Obispo, CA 93401 -321 B
805 781 7100
slocity.org
CERTIFICATION
I, Teresa Purrington, City Clerk, do hereby certify under penalty of perjury the
foregoing instrument to be a full, true, and correct copy of Resolution No. I 1531 (2024
Series), adopted by the San Luis Obispo City Council on November 12,2024, now on file
in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO.
DATED: November 12 2024
Teresa
City Clerk
City of San Luis Obispo
NI,
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