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HomeMy WebLinkAbout06-18-2019 Item 4, GubbinsDEPARTMENT OF TRANSPORTATION CALTRANS DISTRICT 5 50 HIGUERA STREET SAN LUIS OBISPO, CA 93401-5415 PHONE (805) 549-3101 FAX (805) 549-3329 TTY 711 www.dot.ca.gov/dist05/ June 18, 2019 Mr. Jake Hudson Interim Deputy Public Works Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401-3218 Dear Mr. Hudson, REC'�-iVED JUN 18 2019 SLO SI ERK Making Conservation a California Way of Life. COUNCIL MEETING: ITEM NO�.� t14 Ses [� The California Department of Transportation (Caltrans) is in in receipt of your letter of May 15, 2019, proposing to assess Caltrans for mitigaticm fees for the Buckley Road Extension for future development of state property. Under established principles of the sovereignty of the state, Caltrans is not subject to local permits, fees, or regulation with respect to the use and development of its property. This would include the city's municipal code and the mitigation fees proposed in the city's letter. This established principle is reflected in the agreement wherein the state agreed to sell to an easement to the county over state property for the Buckley Road Extension, which in turn was for the Avila Ranch development project (see Agreement for Transfer of State of California Real Property, section 14). The state provided the easement which made the Buckley Road Extension and Avila Ranch development possible and under well-settled principles of the sovereignty of the state, it is not subject to local fees, permits or regulation in developing its own property. Accordingly, Caltrans objects to the imposition of the "Mitigation Fees for Future Development" proposed in the May 15, 2019, letter on its property and requests that its property be removed from the list of properties subject to the fees in the attachment to the letter. Please include this objection in the formal record of the city's consideration of this matter. Sincerel , TIMOTHY M. GUBBINS District Director "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability"