HomeMy WebLinkAboutR-11561 vacating a 10-Foot-Wide Public Right-of-Way between 1998 and 2006 San Luis DriveR 11561
RESOLUTION NO. 11561 (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.
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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:
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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 Mayor Stewart, seconded by Council Member Francis, and on the
following roll call vote:
AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman,
and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6th day of May 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
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5/8/2025 | 7:43 AM PDT
EXHIBIT A - TRACT 43 MAP
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Docusign Envelope ID: D85BDAD8-551C-438B-84E1-383FB79D9D49