HomeMy WebLinkAboutPC-1099-2025 (STAB-0759-2024 -- 1998 AND 2006 San Luis Drive)RESOLUTION NO. PC-1099-25
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
Planning Commission Resolution No. PC-1099-2025
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.
Planning Commission Resolution No. PC-1099-2025
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.
On motion by Commissioner Cooley, seconded by Commissioner Munoz-Morris and on
the following roll call vote:
AYES: Commissioner Cooley, Commissioner Flores, Commissioner
Jorgensen, Commissioner Kahn, Commissioner Munoz- Morris, and
Vice Chair Tolle
NOES: Chair Houghton
REFRAIN: None
ABSENT: None
The foregoing resolution was passed and adopted this 9th day of April 2025.
__________________
Tyler Corey, Secretary
Planning Commission