Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Right Of Way Abandonment topic
No spam. Unsubscribe anytime.
Planning Commission approves recommendation to abandon 10-foot public right-of-way near San Luis Drive
Summary
After extended discussion and public comment, the Planning Commission voted 6–1 to recommend the City Council vacate a 10-foot public right-of-way between two properties on San Luis Drive, allowing a lot-line adjustment that would resolve setback nonconformities.
The San Luis Obispo Planning Commission voted to recommend the City Council vacate a 10-foot public right-of-way between adjacent properties on San Luis Drive, concluding the city has no present need to retain ownership of the strip.
Staff told the commission the 10-foot strip was dedicated on an older map and has not been used for public access for decades. Planning staff and the city’s consultants confirmed utilities listed on the original survey (PG&E, AT&T, Spectrum, SoCalGas) do not need the strip for facilities or access. Staff recommended adoption of a draft resolution finding the vacation conforms with the general plan and forwarding that recommendation to the City Council.
Commissioners debated the public-access value of the right-of-way, noting San Luis Obispo Creek nearby and the city’s broader connectivity goals. Several commissioners said they were reluctant to give up city-owned land that could have future value for pedestrian or creek access. Staff and a representative of the applicants said the parcel is overgrown and difficult to access, and that the applicants propose a lot-line adjustment that would allow existing buildings to meet R-1 setback rules.
The applicant’s representative, Terry Morgenson of MBS Land Surveys, asked the commission to continue the item to allow staff and the applicant to explore whether a public-access connection could be viable. Staff responded that it had completed review with affected departments and found no current purpose for the city to retain the parcel.
A motion to continue the item failed for lack of a second. The commission then moved to adopt staff’s recommendation to find the abandonment in conformity with the general plan and forward the resolution to the City Council. The roll-call vote was recorded as: Justin Cooley, yes; Munoz Morris, yes; Flores, yes; Jorgensen, yes; Khan, yes; Vice Chair Eric Tolley, yes; David Houghton, no. The motion passed 6–1.
Staff explained practical consequences: an abandonment would default the former city strip to the middle line, giving approximately 5 feet to each adjacent property; a lot-line adjustment filed by the property owners would then align the legal lot line to existing improvements so the structures meet setback requirements. Staff also noted an application fee applies for a street-abandonment review; staff and a commissioner with experience in property tax collection said parcels could be reassessed after a transfer of fee title.
Planning staff noted the city’s general plan encourages connectivity to San Luis Obispo Creek in downtown areas but the subject right-of-way lies in a residential neighborhood outside the downtown area and is not in any current capital improvement program for a path or bridge. The commission’s recommendation now goes to the City Council for final action.
