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HomeMy WebLinkAboutItem 6f. Request to Abandon 10-foot Public Right-of-Way between 1998 and 2006 San Luis Drive (STAB-0759-2024) Item 6f Department: Community Development Cost Center: 4003 For Agenda of: 5/6/2025 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Gabriel Munoz-Morris, Supervising Civil Engineer SUBJECT: ABANDONMENT OF A 10-FOOT-WIDE PUBLIC WAY BETWEEN 1998 AND 2006 SAN LUIS DRIVE IN THE R-1 ZONE (STAB-0759-2024) RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, abandoning a 10-Foot-Wide Public Right-of-W ay Between 1998 and 2006 San Luis Drive.” POLICY CONTEXT The property owner of 1998 San Luis Drive (applicant) has submitted a n application for a lot line adjustment to align with the existing respective property uses of 1998 and 2006 San Luis Drive. The application is supported by the other adjacent property owner (of 2006 San Luis Drive.) The proposed lot line adjustment requires abandonment/vacation of a 10-foot wide public right-of-way located between the two properties. This proposed vacation must be reviewed by the City Council under the California Streets & Highways Code (CSHC.) Under CSHC §§ 8333 and 8334.5, this right-of-way meets the criteria for summary abandonment. This means the easement may be abandoned by resolution of the Council without holding a public hearing on the abandonment. DISCUSSION Background The City of San Luis Obispo Public Works and Community Development Departments received a request from the property owners at 1998 and 2006 San Luis Drive to abandon the existing 10-foot-wide public right-of-way between their properties to facilitate a lot line adjustment between their properties. The new lot line, as proposed, would better align with existing site improvements, including a standing 6 -foot-tall fence. Page 229 of 625 Item 6f Figure 1: Zoning Map Image Showing Project Site and Neighboring Properties 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. Today, the area is essentially an extension of the yards of the two adjacent properties. The public right-of-way in question was created on January 10, 1947 when Tract Map No. 43 recorded and subdivided the neighborhood. The easement was originally intended to provide public access to San Luis Obispo Creek for recreational activities such as boa ting, fishing, swimming, and hunting.1 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 mean s the easement may be abandoned by resolution of the Council without holding a public hearing on the abandonment. Per California Streets and Highways Code § 8313, the proposed vacation does require that the Planning Commission adopt a resolution finding th at the proposed vacation conforms with the City’s General Plan. The Planning Commission considered this and adopted a Resolution at a public hearing on April 9, 2025 (Vote of 6-1 in favor) finding the vacation in conformance with the General Plan . 1 A concern was raised by a Planning Commissioner that abandonment of this public right-of-way would forever deprive the public of this intended access. However, it is worth noting that any such use and access would be subject to applicable regulations, including but not limited to Chapter 12 .23 of the Municipal Code. Additionally, the City does not have, and does not presently intend to obtain, public access easements in the creek area behind 1998 and 2006 San Luis Drive and neighboring properties. Page 230 of 625 Item 6f 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. City staff have confirmed that no city utilities or infrastructure exist within the right -of-way (see CSHC §8334.5), and there are no identified private access concerns associated with the abandonment of the public way. In addition, the Engineering Division contacted Spectrum, AT&T, PG&E, and SoCalGas to confirm if any utility company had existing facilities in the public right-of-way that would be impacted by the proposed vacation. No utility company indicated that they had facilities that would be impacted by the proposed vacation. A similar public Right-of-Way was created on the same tract map in 1947 between 1890 and 1900 San Luis Drive for the same purposes but was already abandoned by the City in 1999 by Resolution No. 8970 (1999 Series). That public Right-of-Way was determined to be unnecessary for public access at the time, which is consistent with the recommendation for the abandonment of the public Right-of-Way in question between 1998 and 2006 San Luis Drive. If Council approves the summary vacation and adopts the proposed Resolution, staff will cause the Resolution to be recorded, at which time the vacation will become effective. Previous Council or Advisory Body Action There is no previous Council action associated with this proposed vacation. On April 9, 2025 the Planning Commission considered this request to abandon a 10-foot-wide public right of way between 1998 and 2006 San Luis Drive and adopted Planning Commission Resolution PC-1099-25 finding 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 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. Public Engagement California Streets and Highways Code does not require specific public engagement for this action, but the City’s development review notification policy requires that a legal ad be placed in the newspaper, postcards be mailed to owners and occupants within 100 - feet, and a minimum of three on -site posters be placed at the location of the proposed abandonment. These requirements were complied with on April 24 and 25, 2025 in accordance with the notification policy. This item was also included in the Planning Commission’ s agenda on April 9, 2025, which was posted publicly at least 72 hours in advance of the meeting, when the Commission adopted the resolution finding that the proposed vacation was in conformance with the City’s General Plan. The Planning Commission item also required public notification per the City’s development review notification policy and that notification requirement was completed on March 27 and 28, 2025. Page 231 of 625 Item 6f Lastly, the public were able to comment on the item at the Planning Commission meeting. The only public comment on the item was made by the applicant’s representative in favor of the proposed vacation. The adjacent property owners to the 10-foot public Right-of- Way have both been notified of this item and are in support of the proposed vacation by the City. CONCURRENCE 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, Office of Sustainability and Natural Resources, 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. 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 acce ss, circulation, or creek restoration efforts. No physical changes or development are proposed, and the project is consistent with the General Plan. FISCAL IMPACT Budgeted: No Budget Year: N/A Funding Identified: No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ N/A $ $ $ State Federal Fees Other: Total $ N/A $ $ $ There is no cost to the City associated with this proposed vacation. The City has not maintained the public way for at least the last five years so the vacation does not create an immediate maintenance cost savings for the City but does represent a potential cost savings for the City through elimination of potential future maintenance of the area and reduction in liability associated with ownership of the area. Page 232 of 625 Item 6f In addition, while the city does not pay property taxes for the land as a public agency, the additional square footage that would be added to each of the adjacent prope rties would be assessed by the County Tax Collector’s office once the abandonment is complete and would result in higher property taxes for each property owner. ALTERNATIVES 1. The City Council may recommend that the abandonment be denied. 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 City Council may direct staff to proceed with a standard vacation per CSHC §8320. The summary vacation procedure recommended by staff is elective. Proceeding with a standard vacation would require more time, additional staff and Council action, and is not required for this vacation. ATTACHMENTS A - Draft Resolution abandoning a 10-foot-wide public right-of-way between 1998 and 2006 San Luis Drive. B - Exhibit A to the Draft Resolution – Tract 43 Map Page 233 of 625 Page 234 of 625 R ______ RESOLUTION NO. _____ (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, VACATING A 10-FOOT-WIDE PUBLIC RIGHT- OF-WAY BETWEEN 1998 AND 2006 SAN LUIS DRIVE WHEREAS, the 10-foot-wide public Right-of-Way between 1998 and 2006 San Luis Drive was created by the recordation of Tract Map 43 on January 21, 1947 ; and WHEREAS, the 10-foot-wide public Right-of-Way between 1998 and 2006 San Luis Drive was originally intended to provide public access to San Luis Obispo Creek for recreational activities such as boating, fishing, swimming, and hunting; and WHEREAS, the 10-foot-wide public Right-of-Way between 1998 and 2006 San Luis Drive has not been utilized for its intended purpose for at least five consecutive years qualifying it for summary vacation under California Streets and Highways Code § 8333; and WHEREAS, the adjacent property owners at 1998 and 2006 San Luis Drive have requested the vacation of the 10-foot-wide public Right-of-Way; and WHEREAS, City staff have confirmed that no City utility facilities currently exist within the 10-foot-wide public Right-of-Way; and WHEREAS, City staff notified public utility companies of the proposed vacation and no utility company has facilities that would be affected by the proposed vacation ; and WHEREAS, California Streets and Highways Code Section 8313 requires that the Planning Commission report upon the proposed vacation’s conformity with the City’s General Plan; and WHEREAS, at a regular meeting of the Planning Commission of the City of San Luis Obispo conducted on April 9, 2025, the Planning Commission adopted Resolution PC1099-25 on April 9, 2025, finding that the proposed vacation conforms with the City’s General Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. Findings. Based upon all evidence, the City Council makes the following findings: 1. The recitals stated above are found to be true and incorporated herein as findings of the City Council. Page 235 of 625 Resolution No. _____ (2025 Series) Page 2 R ______ 2. The proposed right-of-way vacation is in conformity with the City's General Plan and any applicable Specific Plans or Zoning Regulations. The proposed vacation 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. 3. The proposed right-of-way vacation 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. 4. The proposed right-of-way vacation will not negatively impact public interest or safety, including emergency vehicle access, utilities, or other critical public services. 5. 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 vacation 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. 6. Utility companies with easement rights in the area have been provided notice of the proposed vacation and have confirmed that the vacation will not impact any existing utility infrastructure. No easements are required to be reserved for public utilities, as there are no active public utility facilities within the public way. Therefore, the proposed vacation meets the criteria set forth in California Streets and Highways Code § 8334.5. SECTION 2. Environmental Determination. The proposed vacation 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 vacation with no significant impact on land use or the environment. The site does not function as an active transportation corridor, and its vacation 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 City Council adopts a Resolution of Vacation of a 10- foot-wide public right of way between 1998 and 2006 San Luis Drive, as more accurately depicted in Exhibit A, attached hereto, pursuant to Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code subject to the following conditions: Page 236 of 625 Resolution No. _____ (2025 Series) Page 3 R ______ 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 vacation 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. 3. The vacation results in additional property to be deeded back to adjacent contiguous properties but does not constitute creation of a new parcel or lot. 4. From and after the date of recordation of this Resolution, the easement vacated no longer constitutes a public easement. 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 _______ 2025. ___________________________ 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 237 of 625 Page 238 of 625 EXHIBIT A - TRACT 43 MAP Page 239 of 625 Page 240 of 625 Page 241 of 625 Page 242 of 625