HomeMy WebLinkAboutPC-1000-16 (GENP-2550-2015 -- 2450 Victoria Avenue)RESOLUTION NO. PC -1000-16
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION DETERMINING GENERAL PLAN CONFORMANCE
FOR THE ABANDONMENT AND ACQUISITION OF RIGHT-OF-WAY
FOR VICTORIA AVENUE BETWEEN ALPHONSO STREET AND
WOODBRIDGE STREET AND FOR THE ABANDONMENT AND
ACQUISITION OF RIGHT-OF-WAY FOR A SEWER LINE OVER
PORTIONS OF 783 ALPHONSO STREET AND 780 WOODBRIDGE
STREET PROPERTIES FOR USE OF A RIGHT-OF-WAY BY THE CITY
OF SAN LUIS OBISPO WITH A CATEGORICAL EXEMPTION FROM
ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED JANUARY 27, 2016
(2450 VICTORIA AVENUE, GENP-2550-2015)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on October 22, 2014, pursuant to a proceeding instituted under GENP-0136-2014
approving the acquisition of public right-of-way; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on January 27, 2016, for the purpose of considering application GENP-2550-2015 for
the abandonment and acquisition of public right-of-way; and
WHEREAS, Section 65402 of the California Government Code requires the local
agency to make a finding of General Plan conformance whenever a governmental entity
proposes to acquire or dispose of property; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Commission makes the
following findings:
1. The acquisition of land for right-of-way will not harm the general health, safety, and
welfare of people living or working in the vicinity because the proposed right-of-way is
consistent with the General Plan and the existing neighborhood pattern.
Planning Commission Resolution No. PC -1000-16
GENP-2550-2015 (2450 Victoria Avenue)
Page 2
2. The proposed project is consistent with General Plan Circulation Element policy 8.0.3
and Land Use Element policies 2.1.4 and 2.1.5, which encourages the enhancement of
neighborhood identity, connections and cohesiveness and improvement of traffic
circulation by utilizing collector streets.
3. The proposed abandonment of the existing sewer easement is appropriate for site because
the project includes a new sewer easement that follows the newly proposed alignment of
Victoria Avenue.
SECTION 2. Environmental Review. Section 15061(b)(3) states a project is exempt from
CEQA if the activity is covered by the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA. The determination of general plan
conformity for the acquisition of land for right-of-way by the City of San Luis Obispo is not
subject to CEQA because the project will not have a significant effect on the environment since
it is a policy review of whether acquiring land is consistent with the General Plan. Any future
development related to the proposed right-of-way will be subject to environmental review as
required under CEQA.
SECTION 3. Action. The Planning Commission does hereby determine General Plan
conformity of the acquisition of a new easement for a portion of the proposed realignment of
Victoria Avenue, abandonment of existing sewer easements, and acquisition of new sewer
easements (GENP-2550-2015).
On motion by Vice -Chair Multari, seconded by Commissioner Fowler, and on the following roll
call vote:
AYES: Commissioners Dandekar, Fowler, Malak, Riggs, Vice -Chair Multari and
Chair Larson
NOES: None
REFRAIN: None
ABSENT: Commissioner Draze
The foregoing resolution was passed and adopted this 27th day of January, 2016.
An4nni4�
Doug Dav' son, Secretary
Planning Commission