R 5235 RESOLUTION NO. 5235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING CITY-OWNED
PROPERTY LOCATED AT 400 W. BRANCH STREET
(APNs: 007-011-055 AND 007-055-056) AS NON-EXEMPT
SURPLUS LAND AND DIRECTING STAFF TO PROCEED
TO DISPOSE OF THE PROPERTY PURSUANT TO THE
SURPLUS LAND ACT
WHEREAS, the City of Arroyo Grande is the owner in fee simple of that certain real
property located at 400 W. Branch Street in the City of Arroyo Grande (APNs: 007-011-
055 and 007-055-056), (the "Property"); and
WHEREAS, under the Surplus Land Act, Government Code Sections 54220-54233
("Act"), surplus land is land owned in fee simple by the City for which the City Council
takes formal action at a regular public meeting declaring the land is surplus and not
necessary for the City's use. The land must be declared either exempt surplus land or
non-exempt surplus land; and
WHEREAS, under the Act, land is necessary for the City's use if the land is being used,
or is planned to be used pursuant to a written plan adopted by the City Council for City
work or operations; and
WHEREAS, the Property is undeveloped, subject to an agreement with the County of
San Luis Obispo, and a lease agreement and development agreement with the 5 Cities
Community Service Foundation related to a community sports and recreation facility
project that is no longer being pursued, and has potential for development of a hotel
project which would provide needed revenue to the City; and
WHEREAS, City staff has evaluated the Property for its potential to be used for City work
or operations, and has determined that it is not suitable for the City's use. It is not
otherwise being used by the City except intermittently as a temporary lay down area for
public works construction projects and no planned City facility or building that the City can
financially afford is feasible to develop on the site. The Property is, therefore, non-exempt
surplus land under the Act and the City intends to dispose of the Property; and
WHEREAS, the City Council desires to declare that the Property is surplus land and not
necessary for the City's use and is non-exempt under the Act; and
WHEREAS, the Act requires that before the City Council disposes of the Property, the
City shall proceed to declare the Property surplus pursuant to the Act; and
WHEREAS, the accompanying staff report provides additional supporting information
upon which the declaration and findings set forth in this Resolution are based.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
RESOLUTION NO. 5235
PAGE 2
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are
true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby finds that the Property is undeveloped, subject to
an agreement with the County of San Luis Obispo, and a lease agreement and
development agreement with the 5 Cities Community Service Foundation related to a
community sports and recreation facility project that is no longer being pursued, and has
potential for development of a hotel project which would provide needed revenue to the
City and support for the tourism economy in the community. In addition, based upon City
staff's evaluation regarding the Property and its potential to be used for City work or
operations, that it is not suitable for the City's use, is not otherwise being used by the City
and that there is no planned City facility or building that the City can financially afford that
is feasible to develop on the site. Therefore, the Property is hereby declared to be non-
exempt surplus land under the Surplus Land Act.
SECTION 3. The City Manager, officers and staff of the City are hereby authorized jointly
and severally, to do all things which they deem necessary or proper to effectuate the
purposes of this Resolution and to dispose of the Property in compliance with the Act,
including send a notice of availability, substantially in the form required by the Department
of Housing and Community Development, to the entities designated in Government Code
Section 54222 by electronic mail or by certified mail.
SECTION 4. If any section, subsection, sentence, clause, phrase or provision of this
Resolution or the application thereof to any person or circumstances is held invalid or
unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City
Council hereby declares that it would have passed this Resolution and each section,
subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases or provisions
thereof be declared invalid or unconstitutional.
SECTION 5. This Resolution has been reviewed with respect to the applicability of the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.)
("CEQA"). City staff has determined that the designation of this property as non-exempt
surplus land does not have the potential for creating a significant effect on the
environment and is therefore exempt from further review under CEQA pursuant to State
CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA
Guidelines Section 15378. Adoption of the Resolution does not have the potential for
resulting in either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment. If and when the property is sold
to a purchaser and that purchaser proposes a use for the Property that requires a
discretionary permit and CEQA review, that future use and project will be analyzed at
the appropriate time in accordance with CEQA.
RESOLUTION NO. 5235
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SECTION 6. City staff is directed to file a Notice of Exemption pursuant to CEQA
Guidelines Section 15062.
SECTION 7. This Resolution shall be effective immediately upon its adoption.
On motion of Council Member Barneich, seconded by Council Member Storton, and by
the following roll call vote, to wit:
AYES: Council Members Barneich, Storton, Paulding, George, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 25th day of October, 2022.
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RESOLUTION NO. 5:1 55
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.CAREN RAY ' SOM, MAYOR
ATTEST:
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SSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHITNEY M at ONALD, CITY MANAGER
APPROVED AS TO FORM:
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TIMOTH J. CARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5235 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 25th day of October, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of
October, 2022.
JESSICA MATSON, CITY CLERK