HomeMy WebLinkAboutR-11618 abandoning a 6-foot-wide portion of Church Street public right-of-way adjacent to 1804 Osos StreetRESOLUTTON NO. 11618 (202s SERTES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ABANDONING A 6-FOOT.WIDE PORTION OF
CHURCH STREET PUBLIC RIGHT.OF.WAY ADJACENT TO 1804 OSOS
STREET.
WHEREAS, Church Street is a 60-foot-wide public Right-of-Way between Osos
Street and its northerly terminus; and
WHEREAS, at a regular meeting of the Planning Commission of the City of San
Luis Obispo conducted on February 25, 2009, the Planning Commission adopted
Resolution 5518-09 recommending abandonment of a 6-foot-wide portion of the Church
Street right-of-way and finding that the proposed abandonment is consistent with the
General Plan; and
WHEREAS, at a regular meeting of the City Council of the City of San Luis Obispo
conducted on April 21, 2009, the City Council adopted Resolution 10074 (2009 Series)
indicating the City's intent to abandon a 6-foot-wide portion of the Church Street right-of-
way; and
WHEREAS, the public hearing for the City Council to finalize the abandonment of
the 6-foot-wide portion of the Church Street right-of-way was agendized for June 2,2009;
and
WHEREAS, the June 2, 2009 public hearing for the City Council to finalize the
abandonment of the 6-foot-wide portion of the Church Street right-of-way was postponed;
and
WHEREAS, a public hearing was scheduled for the City Council to finalize the
abandonment of the 6-foot-wide portion of Church Street right-of-way was agendized for
January 20,2015; and
WHEREAS, the January 20,2015 public hearing for the City Council to finalize the
abandonment of the 6-foot-wide portion of the Church Street right-of-way was postponed;
and
WHEREAS, the proposed abandonment of the 6-foot-wide portion of the Church
Street right-of-way must be finalized in order to complete the conditions of approval for
the approved development project at 1804 and 1814 Osos Street and finalize a real
property exchange agreement between the City and the developer of 1000 Railroad
Avenue; and
R 1 1618
Resolution No. 11618 (2025 Series)Page 2
WHEREAS, City staff have confirmed that prior action by the Planning
Commission and City Council associated with the abandonment of this 6-foot-wide portion
of the Church Street right-of-way remain valid, and the abandonment process may be
continued at this time per the requirements of the California Streets and Highways Code;
and
WHEREAS, City staff have confirmed that no City utility facilities currently exist
within the 6-foot-wide portion of the Church Street right-of-way; and
WHEREAS, City staff notified all public utility companies of the proposed
abandonment and no utility company has facilities that would be affected by the proposed
abandonment; and
WHEREAS, an existing public sidewalk will temporarily remain within the area of
the proposed abandonment until such time as it is relocated by the developer of Parcel
Map SLO 07-0094 at 1804 Osos Street; and
WHEREAS, all public notices have been provided as required by applicable law,
including California Streets & Highways Code 58320 ef seg.
NOW, THEREFORE, BE lT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1. Findinqs. 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.
2. 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.
3. The proposed right-of-way abandonment is not presently or prospectively required
for public use or vehicular or pedestrian access. 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 abandonment will not negatively impact public interest
or safety, including emergency vehicle access, utilities, or other critical public
services.
R 1 1618
Resolution No. 11618 (2025 Series)Page 3
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.
6. The abandonment of the 6-foot-wide portion of the Church Street right-of-way is
made pursuant to Sections 8320 et seq. of the California Streets and Highways
Code.
SECTION 2. Environmental Determination. The proposed vacation of the 6-foot-
wide portion of the Church Street right-of-way is exempt from environmental review under
the California Environmental Quality Act (CEQA) pursuant to Class 1 (Existing Facilities)
exemption (S15301), as it involves a minor right-of-way abandonment with no significant
impact on land use or the environment. The abandonment will not affect public access,
or circulation. The abandonment is consistent with the General Plan.
SECTION 3. Action. The City Council adopts a Resolution of Abandonment of a
6-foot-wide portion of the Church Street public right of way adjacent to 1804 Osos Street,
as more accurately described in Exhibit A and depicted in Exhibit B, attached hereto,
pursuant to Chapter 4, ParI3 of Division 9 of the California Streets and Highways Code
subject to the following conditions:
1. A temporary public pedestrian easement for the existing public sidewalk within the
area of Church Street to be abandoned shall be dedicated by the adjacent property
owners. Said offer of dedication shall record concurrently with this resolution. The
Mayor is authorized to accept this offer 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.
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.
R 1 1618
Resolution No. 11618 (2025 Series)Page 4
SECTION 4. Recordation. The city clerk shall cause a certified copy of this Resolution
to be recorded with the Office of the County Clerk-Recorder upon completion of the
above-stated conditions to the satisfaction of the Public Works Director.
Upon motion of Council Member Francis, seconded by Vice Mayor Shoresman,
and on the following roll call vote:
AYES Council Member Boswell, Francis, Vice Mayor Shoresman, and
Mayor Stewart
None
Council Member Marx
NOES:
ABSENT
The foregoing resolution was adopted this 2nd day of December 2025
r Erica A. Stewart
ATTEST
Teresa Purrington
City Clerk
PROVED AS RM
ristine Dietrick
ity Attorney
lN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on
Teresa urrington
City Clerk
R 1 1618
EXH TA
LEGAL DESCRIPTION
CHURCH STREET ABANDONMENT
A portion of Church Street, having a 30 foot half width, in the City of San Luis
obispo, coung of san Luis obispo, state of California, according to the map
filed in Book A of Maps at page 126, in the office of the County Recorder of said
County described as follows.
The southeasterly six (6) feet of said Church Street right-of-way contiguous with
Parcels 2 and 3 of Parcel Map SLO 07-0094 Phase 1, according to th! rnap filed
in Book 74 of Parcel Maps at pages z0 through 23, records of slio county
The above-described parcel contains 584 square feet, more or less, and is
shown graphically on Exhibit B attached hereto and made a part hereof,
ael B. Stanton, P.L.S. 5702 Date
MICHAEL B
STANTON
PLS 5702
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