PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: June 17, 2025
TITLE:
Summary Vacation of Bonita Street Between 299 and 301 El Portal Drive RECOMMENDATION:
Adopt a Resolution summarily vacating Bonita Street between 299 El Portal Drive and 301 El Portal Drive.
DISCUSSION:
An application has been submitted by the property owners of 299 and 301 El Portal Drive requesting abandonment (vacation of the City’s right-of-way) of the portion of Bonita Street south of El Portal Drive depicted in Figure 1. El Portal Drive and intersecting “stub” streets including Bonita Street were dedicated as public right of way on the Tract 57 subdivision map, approved by San Luis Obispo County in 1950 and subsequently annexed into the City of Pismo Beach in 1966.
Figure 1. Portion of Tract 57 Area to be Abandoned
In 1986, the City Council adopted Resolution R-85-15 which established a policy for abandonment of stub street segments citywide and specifically the stub streets in Tract 57 (map provided as Attachment 2) including Prado Street, Miramar Street, Bonita Street, and Hermosa Drive. Also in 1986, the portion of Bonita Street north of El Portal Drive was vacated along with Hermosa Drive by City Council Resolution R-86-29. 299
301
Council Agenda 6-17-2025 9.C-1
Policy Context
Pursuant to California Streets and Highways Code (SHC) §8334, the legislative body of a local agency may summarily vacate excess right-of-way of a street or highway not required for street or highway purposes. The Bonita Street right-of-way meets the criteria for summary vacation, which may be made by City Council resolution without holding a public hearing. Bonita Street was dedicated with Tract 57 more than 70 years ago and is not used by the public, instead serving as primary driveway access to the existing single- family homes at 299 and 301 El Portal Drive.
If approved, the vacation would result in one-half (25 feet) of the right-of-way reverting to each adjacent property owner (299 and 301 El Portal Drive). If the Council approves the summary vacation and adopts the proposed resolution, staff will cause the resolution to be recorded, at which time the vacation will become effective. Concurrent or prior to recording the resolution, staff will record a reciprocal access easement and common driveway maintenance agreement, to be executed by the owners of 299 and 301 El Portal Drive.
Consistency with General Plan
California SHC §8313 requires consideration of the General Plan prior to vacating a street, following the procedure prescribed in Section 65402 of California Government Code. The procedure requires the proposed vacation be submitted to and reported upon by the Planning Commission as to conformity with the adopted General Plan. The Planning Commission considered this item and adopted Resolution PC-R-2025-010 at a public hearing on May 13, 2025, finding the proposed vacation in conformance with the General Plan.
The project location is within the Sunset Palisades planning area, which is comprised of low-density residential development. General Plan policies state the emphasis is on maintaining coastal views, open space, and infill development that shall be compatible with the existing community. The proposed abandonment is consistent with the General Plan because no change in development is proposed, does not conflict with long-term land use goals, and the proposed abandonment would not impact views or functional use of the area. In addition, the proposed abandonment does not conflict with pedestrian access goals in the Circulation Element and does not impact multimodal policies related to vehicles or bicycle access.
Public Utilities
City staff have confirmed there are no City-owned utilities such as storm drain, water, or sewer within the proposed abandonment area. The Engineering Division contacted utility companies which serve the area surrounding the proposed abandonment, including PG&E, AT&T, SoCal Gas Company, Union Oil, Phillips 66, Verizon, Spectrum, and Astound, none of which indicated they had facilities within the area to be vacated or that would be impacted by the proposed vacation.
Council Agenda 6-17-2025 9.C-2
Private Access
The adjoining properties at 299 and 301 El Portal Drive are accessed from Bonita Street, which is proposed to be vacated. To preserve access to each lot, a 20-foot-wide reciprocal access easement (10 feet each side of centerline) and private common driveway maintenance agreement are proposed, to be recorded concurrent with the vacation following approval by the City Council. The draft legal descriptions and exhibits of the easements to illustrate the proposed common driveway are provided as Attachment 3.
Environmental Review
The Planning Commission adopted Categorical Exemption No. 2025-010 by Resolution PC-R-2025-010, finding the vacation of the 50-foot public right-of-way exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3) of the CEQA Guidelines, exempting an activity that does not have any effect on the environment and which does not propose physical changes, nor will it affect public access or circulation and the project is consistent with the General Plan. In addition, none of the Categorical Exemption exceptions listed under Section 15300.2 apply to the project. No physical changes or development are proposed, and the project is consistent with the General Plan.
Alternatives
The City Council may direct staff to proceed with a standard vacation (as opposed to summary vacation) per SHC §8320. The summary vacation procedure recommended by staff is elective. Proceeding with a standard vacation would require more time, additional staff and Council action, and is not required or recommended for this vacation.
Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) summarily vacating Bonita Street between 299 and 301 El Portal Drive.
FISCAL IMPACT:
There is no fiscal impact from staff’s recommended action. Abandonment of a portion of roadway will realize a cost savings through reduced street maintenance responsibility.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Abandonment Legal Description
1.B. Exhibit B to Resolution: Abandonment Exhibit
2. Tract Map 57
3. Legal Descriptions and Exhibits for Reciprocal Access Easement Prepared by:
Nate Stong, Senior Engineer
Submitted by: Rosemarie Gaglione, Public Works Director City Manager Approval:
Council Agenda 6-17-2025 9.C-3
RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA SUMMARILY VACATING BONITA STREET BETWEEN 299 EL PORTAL DRIVE AND 301 EL PORTAL DRIVE
WHEREAS, Tract Map 57 recorded in San Luis Obispo County Book of Maps 5 at Page 76 dedicated Bonita Street as a 50-foot-wide public right-of-way between Lot 14 of Block 7 and Lot 1 of Block 8 of said map; and
WHEREAS, the Bonita Street public right-of-way was originally intended to provide for local street connectivity with anticipated development and subdivision of the adjoining lands; and
WHEREAS, Tract Map 1258 recorded in San Luis Obispo County Book of Maps 12 at
include dedication of a public right-of-way connecting to Bonita Street; and WHEREAS, Bonita Street 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 of 299 El Portal Drive (Lot 14 of Block 7) and 301 El Portal Drive (Lot 1 of Block 8) have requested the vacation of Bonita Street; and WHEREAS, City Council Resolution R-86-15 documented policies pertaining to abandonment of Bonita Street in Tract 57; and
WHEREAS, City staff have confirmed no City utility facilities currently exist within Bonita Street; 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 §8313 requires the Planning Commission determine 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 Pismo Beach conducted on May 13, 2025, the Planning Commission considered the proposed vacation as Public Hearing Item 7.C and adopted Resolution PC-R-2025-010 finding the proposed vacation conforms with the City’s General Plan and adopting Categorical Exemption No. 2025-010 finding the project exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with Section 1501(b)(3) of the CEQA Guidelines; and
Attachment 1
Council Agenda 6-17-2025 9.C-4
WHEREAS, the City Council of the City of Pismo Beach finds, after due study and deliberation, and based upon all evidence, the following circumstances exist:
1. 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.
2. 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.
3. The proposed right-of-way vacation will not negatively impact public interest or safety, including emergency vehicle access, utilities, or other critical public services.
4. 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 §8333.
5. 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.
6. Following vacation of the public right-of-way, the existing paved road will serve as a private common driveway providing access from El Portal Drive to the properties located at 299 and 301 El Portal Drive. A reciprocal private access easement and common driveway maintenance agreement will be recorded concurrent with the proposed vacation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the foregoing recitals are hereby adopted as findings of fact in support of this resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the vacation of a 50-foot-wide public right-of-way between 299 and 301 El Portal Drive, as described in Exhibit A and depicted in Exhibit B, attached hereto, pursuant to Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code subject to the following conditions:
1. Any required easements for purposes of access and any required maintenance agreements for purposes of defining maintenance obligations of the properties adjoining the area to be vacated 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 prepared by a Licensed Land Surveyor or Civil Engineer Attachment 1
Council Agenda 6-17-2025 9.C-5
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 right-of-way vacated no longer constitutes a public right-of-way.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
Attachment 1
Council Agenda 6-17-2025 9.C-6
EXHIBIT “A”
LEGAL DESCRIPTION
RIGHT OF WAY VACATION
That portion of Tract Number 57 El Pismo Manor Number 1, recorded in Page 76, of Map Book Volume Number 5, of Maps, filed in San Luis Obispo County Records, all in the State of California, more particularly described as follows:
Beginning at the intersection of the westerly right of way line of Bonita Street, 50.00 feet wide, as shown on said Tract Map and the southerly line of said Tract; Thence, along said southerly tract line North 68°38’00” East 50.00 feet to the easterly right of way line of Bonita Street; Thence along said easterly right of way line of Bonita Street North 21°22’00” West 80.00 feet to the beginning of a curve, concave easterly and having a radius of 20.00 feet ; Thence northeasterly along said curve through a central angle of 90°00’00” an arc distance of 31.42 feet to the southerly right of way line of El Portal Drive, 60.00 feet wide, as shown on said Tract Map; Thence South 68°38’00” West 90.00 feet along said southerly line of El Portal Drive to the intersection of the southerly right of way of El Portal Drive and the westerly right of way of Bonita Street to a point of cusp on a curve, concave westerly, having a radius of 20.00 feet, and through which a tangent line bearing North 68°38’00” East; Thence southeasterly along said westerly right of way and said curve through a central angle of 90°00’00” an arc distance of 31.42 feet; Thence continuing along said westerly right of way line South 21°22’00” East 80.00 feet to the Point of Beginning.
Containing an Area of 5,172 Square Feet, more or less.
Prepared by me or under my direct supervision.
Daniel C. Helt, P.L.S 8925 Date
06/12/2025
Attachment 1.A
Council Agenda 6-17-2025 9.C-7
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Attachment 1.B
Council Agenda 6-17-2025 9.C-8
Attachment 2
Council Agenda 6-17-2025 9.C-9
Attachment 2
Council Agenda 6-17-2025 9.C-10
Attachment 2
Council Agenda 6-17-2025 9.C-11
Attachment 2
Council Agenda 6-17-2025 9.C-12
EXHIBIT “A”
LEGAL DESCRIPTION
EASEMENT
That portion of Tract Number 57 El Pismo Manor Number 1, recorded in Page 76, of Map Book Volume Number 5, of Maps, filed in San Luis Obispo County Records, all in the State of California, more particularly described as follows:
Beginning at the intersection of Bonita Street and southerly line of said Tract; Thence, along said tract North 68°38’00” East 10 feet; Thence, Parallel with the Centerline of Bonita Street per said Tract, North 21°22’00” West 100 feet to the southerly line of El Portal Drive with a 30 foot half width; Thence, along said southerly line South 68°38’00” West 10 feet, to the centerline of said Bonita Street; Thence, along said centerline South 21°22’00” East 100 feet, to the Point of Beginning.
Containing an Area of 1,000 Square Feet, more or less, as shown on EXHIBIT “B”, attached hereto and by this reference made a part Hereof.
Subject to Easements, Covenants, Conditions, Reservations, Restrictions, Rights of Way and any other Matters of record if any.
Prepared by me or under my direct supervision.
______________________________________________________________ Daniel C. Helt, P.L.S 8925 Date
Attachment 3
Council Agenda 6-17-2025 9.C-13
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PIROUZ SHAHRIAR
APN:010-173-016
301 EL PORTAL DR.
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299 EL PORTAL DR.
PISMO, CALIFORNIA
EXHIBIT "B"
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EASEMENT AREA
CENTERLINE
LOT LINE
TRACT LINE
POC PONT OF COMMENCEMENT
POB POINT OF BEGINING
TYP TYPICAL
0 SCALE: 1" = 20'
20'10'
299 EL PORTAL DR.
REFERENCES:
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NOTE:
BONITA STREET RIGHT OF WAY FROM
THE SOUTHERLY RIGHT OF WAY OF EL
PORTAL DRIVE TO THE SOUTHERLY LINE
OF TRACT NO. 57 ABANDONED PER
INST. NO. 2025-
OF OFFICIAL RECORDS.
Attachment 3
Council Agenda 6-17-2025 9.C-14
EXHIBIT “A”
LEGAL DESCRIPTION
EASEMENT
That portion of Tract Number 57 El Pismo Manor Number 1, recorded in Page 76, of Map Book Volume Number 5, of Maps, filed in San Luis Obispo County Records, all in the State of California, more particularly described as follows:
Beginning at the intersection of Bonita Street and southerly line of said Tract; Thence, along said tract line South 68°38’00” West 10 feet; Thence, Parallel with the Centerline of Bonita Street per said Tract, North 21°22’00” West 100 feet to the southerly line of El Portal Drive with a 30 foot half width; Thence, along said southerly line North 68°38’00” East 10 feet, to the centerline of said Bonita Street; Thence, along said centerline South 21°22’00” East 100 feet, to the Point of Beginning.
Containing an Area of 1,000 Square Feet, more or less, as shown on EXHIBIT “B”, attached hereto and by this reference made a part Hereof.
Subject to Easements, Covenants, Conditions, Reservations, Restrictions, Rights of Way and any other Matters of record if any.
Prepared by me or under my direct supervision.
______________________________________________________________ Daniel C. Helt, P.L.S 8925 Date
Attachment 3
Council Agenda 6-17-2025 9.C-15
ST
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EL PORTAL DRIVE
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10 0
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POBTRACT LINE TRACT LINE
PIROUZ SHAHRIAR
APN:010-173-016
301 EL PORTAL DR.
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06/11/2025
JP/JHGAPN:010-173-016
301 EL PORTAL DR.
PISMO, CALIFORNIA
EXHIBIT "B"
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LEGEND:
RIGHT OF WAY
EASEMENT
EASEMENT AREA
CENTERLINE
LOT LINE
TRACT LINE
POC PONT OF COMMENCEMENT
POB POINT OF BEGINING
TYP TYPICAL
0 SCALE: 1" = 20'
20'10'
301 EL PORTAL DR
REFERENCES:
R TRACT NO.57 5 MB 76
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VICINITY MAP
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NOTE:
BONITA STREET RIGHT OF WAY FROM
THE SOUTHERLY RIGHT OF WAY OF EL
PORTAL DRIVE TO THE SOUTHERLY LINE
OF TRACT NO. 57 ABANDONED PER
INST. NO. 2025-
OF OFFICIAL RECORDS.
Attachment 3
Council Agenda 6-17-2025 9.C-16