HomeMy WebLinkAboutItem 4b. Abandonment of Public ROW between 1998 and 2006 San Luis Drive (STAB-0759-2024)
PLANNING COMMISSION AGENDA REPORT
SUBJECT: REQUEST TO ABANDON A 10-FOOT-WIDE PUBLIC RIGHT-OF-WAY
BETWEEN 1998 AND 2006 SAN LUIS DRIVE IN THE R-1 ZONE (STAB-0759-2024)
BY: Ivana Gomez, Cannabis Business
Coordinator FROM: Tyler Corey, Deputy Director
Phone Number: (805) 781-7147 Phone Number: (805) 781-7169
Email: igomez@slocity.org Email: tcorey@slocity.org
APPLICANT: Ben Kulick REPRESENTATIVE: MBS Land Surveys
RECOMMENDATION
Adopt a Draft Resolution which finds that the abandonment of a 10-foot-wide public right
of way between 1998 and 2006 San Luis Drive is in conformity with the General Plan and
recommend that the City Council approve the abandonment by adopting a Resolution of
Vacation.
1.0 COMMISSION'S PURVIEW
California Streets and Highway Code (CSHC) § 8313 requires the local planning agency
to review and determine whether the location, purpose, and extent of a propose d street
vacation or abandonment, conforms to the adopted General Plan and to make a
recommendation to the City Council. The City Council will consider whether to adopt a
Resolution of Vacation abandoning the right of way, recorded with the County Recorder.
2.0 SITE DATA
Adjacent Property Owners Ben Kulick (Applicant), Michael Copeland
Property Owner City of San Luis Obispo
Representative MBS Land Surveys
Adjacent Zoning Right-of-way adjacent to R-1 (Low-Density
Residential) and C/OS (Conservation/Open Space)
Zones
Adjacent General Plan Land
Use
Right-of-way adjacent to Low Density Residential
(LDR) Zone
Site Area Right-of-way abandonment area is 1,667 sq. ft.
Adjacent Parcels APN 001-251-009 (R-1) and APN 001-251-010 (R-1)
Environmental Status Categorically exempt under Class 1, Existing
Facilities (Section 15301(c) of the CEQA Guidelines)
Meeting Date: 4/9/2025
Item Number: 4b
Time Estimate: N/A
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Item 4b
STAB-0759-2024
Planning Commission Report – 4/9/2025
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Figure 1: Zoning Map Image Showing Project Site and Neighboring Properties
3.0 PROJECT INFORMATION
3.1 Background
The City Planning Commission approved the acceptance of the 10-foot public way
between 1998 and 2006 San Luis Drive on January 7, 1947, as shown in the Map of Tract
No. 43 (Attachment B). The City Clerk recorded this acceptance on January 10, 1947,
dedicating the land for public use. According to the Preliminary Title Report, the easement
was originally intended to provide public access to San Luis Obispo Creek for recreational
activities such as boating, fishing, swimming, and hunting.
However, the City has not utilized the public way for its intended purpose for at least five
consecutive years, qualifying it for summary abandonment under California Streets and
Highways Code (CSHC) § 8333. This means the easement may be abandoned by
resolution of the Council without holding a public hearing on the abandonment.
Additionally, in accordance with CSHC § 8334.5, there are no in-place public utility
facilities in use that would be affected by the abandonment.
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Item 4b
STAB-0759-2024
Planning Commission Report – 4/9/2025
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3.2 Project Description
The City of San Luis Obispo Public Works and Community Development Departments
have received a request from adjacent property owners to abandon the public way to
facilitate a lot line adjustment between their properties, subject to the City Council’s
approval of the abandonment. The new lot line, as proposed, would better align with
existing site improvements, including a standing 6-foot-tall fence, as described in SLOMC
§ 16.18.040(B).
The area proposed for abandonment is approximately 167 feet by 10 feet, comprising a
1,667 square foot area. Located within the R-1 Zone, the public way was dedicated over
70 years ago but has never been used by the public, nor has the City made any
improvements to the site. Instead, the area has been utilized by the adjacent property
owners, who have installed fencing, landscaping, and trees.
If approved, the abandonment would result in one-half (five feet) of the easement
reverting to each adjacent property owner (1998 and 2006 San Luis Drive), enabling them
to proceed with a lot line adjustment application. The proposed abandonment would not
alter the visual or functional use of the area as seen from the street or surrounding
properties.
Before the City finalizes the right-of-way abandonment, any easements necessary for
access or drainage must be recorded to ensure continued functionality and legal access.
This condition (Attachment A) ensures that critical infrastructure and property rights are
preserved before the right-of-way is officially abandoned. City staff and utility providers
have confirmed that no public utilities or infrastructure exist within the right -of-way, and
there are no identified private access concerns. As a result, no easements are expected
to be required in this case. However, it is considered best practice to include this condition
in the resolution as a safeguard, in case any unforeseen issues arise before finalizing the
abandonment.
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Item 4b
STAB-0759-2024
Planning Commission Report – 4/9/2025
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Figure 2: Google Map Image of 10-Foot Way to be Abandoned
4.0 PROJECT ANALYSIS
4.1 Consistency with the General Plan
San Luis Obispo Creek Protection (Land Use Element Policy 4.15)
The General Plan prioritizes the protection and restoration of San Luis Obispo Creek
while minimizing human impact on creek life. W hile the General Plan encourages walking
paths along the creek within the Downtown core, this segment is not within an area
planned for such a connection. The subject public way was originally intended to provide
access to the creek but has not been utilized for this purpose. Its abandonment will not
introduce new disturbances to the creek and will allow for continued preservati on of the
riparian ecosystem, aligning with the City’s goal to protect creek life.
Creek and Wetlands Management (Land Use Element Policy 6.6.1 & 6.6.3)
The General Plan emphasizes maintaining and restoring natural conditions while
balancing public access where feasible. Since this segment has never functioned as a
formal access point, its abandonment and reversion to private property aligns with the
City’s objective to minimize human impact on sensitive creek areas.
Street Network Changes (Circulation Element Policy 9.1.5)
The Circulation Element requires the City to reserve rights -of-way to ensure future
transportation improvements are preserved. The subject public way does not serve an
essential transportation function, and its abandonment does not impede future street
network expansion, making it consistent with this policy.
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Item 4b
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Planning Commission Report – 4/9/2025
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Pedestrian Network and Public Access (Circulation Element Policy 5.1.2 and 5.1.4)
The City aims to maintain a continuous pedestrian network, prioritizing high-traffic areas
for funding and infrastructure improvements. The public way in question has not been
used for pedestrian access, and there is no planned connection to a larger trail system.
Therefore, its abandonment does not conflict with pedestrian access goals.
Based on this analysis, the proposed abandonment of the 10 -foot public way is in
conformance with the City’s General Plan as it:
Does not negatively impact the San Luis Obispo Creek environment.
Does not impede planned or feasible future public access.
It does not impact planned rights-of-way or street network expansions.
It does not remove a critical pedestrian connection.
The area is not identified for future public transportation or access improvements.
4.2 Public Utilities
The Survey Map provided with the application (Attachment C) states that Spectrum,
PG&E, AT&T, and Southern Cal Gas all have utilities within the abandonment area. The
Engineering Division has reached out to these utility companies to confirm if they have
in-place facilities that would be impacted by the abandonment.
Spectrum has arterial facilities that cross the public way; however, these facilities do not
depend on the existence of the public way and will not be impacted by the abandonment.
AT&T similarly has facilities that are at the rear of each property owners’ home that will
not be affected by the abandonment. PG&E and SoCal Gas do not have any facilities in
the project area.
5.0 ENVIRONMENTAL REVIEW
The proposed abandonment of the 10 -foot public way is exempt from environmental
review under the California Environmental Quality Act (CEQA) pursuant to Class 1
(Existing Facilities) exemption (§15301), as it involves a minor right-of-way abandonment
with no significant impact on land use or the environment. The site does not function as
an active transportation corridor, and its abandonment will not affect public access,
circulation, or creek restoration efforts. No physical changes or development are
proposed, and the project is consistent with the General Plan.
6.0 OTHER DEPARTMENT COMMENTS
The proposed abandonment of the 10-foot-wide public right-of-way between 1998 and
2006 San Luis Drive has been reviewed by various City departments including
Community Development, Public Works, Utilities and Fire. These departments have
confirmed that there is no current or intended future use of the public way. Additionally,
the City Biologist has confirmed that the easement has not been used in the last five
consecutive years and that no future use is intended.
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Item 4b
STAB-0759-2024
Planning Commission Report – 4/9/2025
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7.0 ALTERNATIVES
1. The Planning Commission may recommend that the abandonment be denied,
based on findings that the abandonment is inconsistent with the General Plan. The
abandonment has been found to be in conformance with the City’s General Plan and
with the California Streets and Highway Code , and the abandonment area has not
been utilized for its intended purpose for the entirety of its existence.
2. The Planning Commission may continue the request. If the Planning Commission
continues action, then specific direction should be given to staff and the applicant
regarding further information needed.
8.0 ATTACHMENTS
A - Draft PC Resolution recommending the City Council abandon a 10-foot-wide public
right of way between 1998 and 2006 San Luis Drive.
B - Map of Tract No. 43 showing acceptance of a 10-foot-wide public right of way
between 1998 and 2006 San Luis Drive.
C - Survey Map 1998 and 2006 San Luis Drive (STAB-0759-2024)
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RESOLUTION NO. PC-XXXX-25
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION FINDING THE PROPOSED STREET ABANDONMENT IN
CONFORMITY WITH THE GENERAL PLAN AND RECOMMENDING THE
CITY COUNCIL ADOPT A RESOLUTION OF VACATION ABANDONING
A 10-FOOT-WIDE PUBLIC RIGHT OF WAY BETWEEN 1998 AND 2006
SAN LUIS DRIVE. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL
REVIEW (CEQA) AS REPRESENTED IN THE PLANNING COMMISSION
AGENDA REPORT AND ATTACHMENTS DATED APRIL 9, 2025 (STAB-
0759-2024)
WHEREAS, at a regular meeting of the Planning Commission of the City of San
Luis Obispo, conducted in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California on April 9, 2025, the Planning Commission considered application
STAB-0759-2024, a request to abandon a 10-foot-wide public right-of-way between 1998
and 2006 San Luis Drive; and
WHEREAS, at said meeting, the Planning Commission reviewed the proposed
abandonment for conformity with the City’s General Plan per State Law and considered
recommendation of summary abandonment to the City Council of San Luis Obispo; and
WHEREAS, the Planning Commission has duly considered all evidence, including
the application, the testimony of interested parties and the evaluation and
recommendations provided by staff.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all evidence, the Planning Commission makes
the following findings:
1. The proposed right-of-way abandonment is in conformity with the City's General
Plan and any applicable Specific Plans or Zoning Regulations. The proposed
abandonment does not conflict with long-term land use, circulation, or
infrastructure plans, and the street is not identified as a key access route or
planned improvement area.
2. The proposed right-of-way abandonment is not required for public vehicular or
pedestrian access at present or in the foreseeable future. Based on a review of the
City's traffic circulation plans, public infrastructure needs, and adjacent property
access, it has been determined that the right -of-way serves no essential function
in the City’s transportation network.
3. The proposed right-of-way abandonment will not negatively impact public interest
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Planning Commission Resolution No. PC-XXXX-2025
STAB-0759-2024 (1998 & 2006 San Luis Drive)
Page 2
or safety, including emergency vehicle access, utilities, or other critical public
services.
4. The City has not utilized the public way for its intended purpose for at least five
consecutive years, qualifying it for summary vacation under California Streets and
Highways Code (CSHC) § 8333. The right-of-way proposed for abandonment has
never been improved or used for its intended purposes of boating, fishing,
swimming, hunting, and other recreational uses within the San Luis Obispo Creek,
and no public funds have been expended over the last five years for its
improvement.
5. Utility companies with easement rights in the area have been provided notice of
the proposed abandonment and have confirmed that the abandonment will not
impact any existing utility infrastructure. No easements are required to be reserved
for public utilities, as there are no active facilities within the public way. Therefore,
the proposed abandonment meets the criteria set forth in California Streets and
Highways Code § 8334.5.
SECTION 2. Environmental Determination. The proposed abandonment of the
10-foot public right-of-way is exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Class 1 (Existing Facilities) exemption
(§15301), as it involves a minor right-of-way abandonment with no significant impact on
land use or the environment. The site does not function as an active transportation
corridor, and its abandonment will not affect public access, circulation, or creek
restoration efforts. No physical changes or development are proposed, and the project is
consistent with the General Plan.
SECTION 3. Action. The Planning Commission hereby finds the proposed street
abandonment in conformance with the General Plan and recommends the City Council
adopt a Resolution of Intention to abandon a 10-foot-wide public right of way between
1998 and 2006 San Luis Drive subject to the following conditions:
1. 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.
2. 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.
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Planning Commission Resolution No. PC-XXXX-2025
STAB-0759-2024 (1998 & 2006 San Luis Drive)
Page 3
3. The abandonment results in additional property to be deeded back to adjacent
contiguous properties but does not constitute creation of a new parcel or lot.
Upon motion of ______________________, seconded by __________________ and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 9th day of April 2025.
___________________
Tyler Corey, Secretary
Planning Commission
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Abandonment of a 10-foot-wide Public
ROW Between 1998 & 2006 San Luis
Drive
STAB-0759-2024
Planning Commission – April 9th, 2025
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