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HomeMy WebLinkAboutCC 2025-02-11_09f Summary Vacation of Public Equestrian Easement on Ridgeview WayItem 9.f. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Director of Community Development BY: Andrew Perez, Planning Manager SUBJECT: Summary Vacation of a Public Equestrian Easement on Ridgeview Way DATE: February 11, 2025 RECOMMENDATION: 1) Adopt a Resolution summarily vacating the public equestrian easement pursuant to summary vacation procedures set forth in Streets and Highways Code Section 8330 et seq; and 2) Find that the action is not a project under CEQA or, alternatively, that it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) (“common sense exemption”). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no financial impact associated with summarily vacating the public equestrian easement. BACKGROUND: A condition of approval associated with approved Parcel Map AG87-240 was imposed to establish an equestrian trail network within the City, consistent with an objective in the 1988 Parks and Recreation Element of the General Plan, which stated that the network would link “horse-populated areas of the City along the following routes: James Way, Ridgeview Way, Tally Ho Road, and Gularte Road.” No other equestrian easements have been established on the other streets previously listed, and therefore the network that was envisioned in the 1980s is unlikely to materialize. The City’s current Conservation and Open Space Element includes P olicy C/OS3-1, which states “in Residential Rural and Suburban County areas and developments in the unincorporated portions of the planning area, and in all urban land use developments adjoining possible trail alignments within the City, provide for equest rian, hiking and biking trails, particularly those providing access to schools, parks and community facility activity areas.” The subject equestrian easement begins at 250 Ridgeview Way, terminates at 151 Ridgeview Way and does not connect to any other existing trails. Page 109 of 239 Item 9.f. City Council Summary Vacation of a Public Equestrian Easement on Ridgeview Way February 11, 2025 Page 2 The City’s Bicycle and Trails Master Plan1, adopted in 2012, does not identify the subject equestrian easement as part of an existing or proposed bicycle or trail network, nor is a path shown in the adopted 2021 Circulation Element. Additionally, the City’s Active Transportation Plan, which will supersede the Bicycle and Trails Master Plan, does not include the equestrian easement as an active transportation facility. ANALYSIS OF ISSUES: The 14’ wide public equestrian easement encumbers four properties with frontage on Ridgeview Lane: 151 Ridgeview Way, 710 White Court, 711 White Court, and 250 Ridgeview Way. The easement was initially est ablished with the recordation of Parcel Map AG 87-240. This map established the easement on 710 White Court. The recordation of Parcel Map AG 14-0029 on July 7, 2015, established the easement across 151 Ridgeview Way, and finally, the recordation of Parcel Map AG 11-004 established the easement across 711 White Court and 250 Ridgeview Way. The equestrian easement is no longer necessary due to the lack of equestrian -centric development in the area and the limited opportunities to connect to the existing trail network. Properties located to the north of the easement are rural properties, some of which are located outside city limits, that are unlikely to subdivide and provide an opportunity for the City to obtain a public easement. As discussed above, the City’s Bicycle and Trails Master Plan did not include the subject equestrian easement, indicating that it is excess and no longer necessary for the City’s purposes. Further, the path is not shown as part of the 2021 Circulation Element , further indicating that trail went into disuse and is no longer necessary to the City’s transportation network. Finally, the City’s Active Transportation plan also does not contemplate the need for the equestrian easement. For those reasons, the equestrian easement is excess, a nd the City may summarily vacate the easement, provided that it meets all the criteria in Streets and Highways Code Section 8333. The owners of the properties encumbered by the subject easement requested the City vacate the easement due its lack of utility and hindrance on development potential of the properties. During the City's review of the request, it was determined the easement is no longer needed for the City's purposes for the reasons described above. California Streets and Highways Code Section 8333 et seq. authorizes the city to summarily vacate an excess public easement under certain circumstances. Specifically, Section 8333 provides that the City Council may summarily vacate a public service easement in any of the below situations: a. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. 1 https://www.arroyogrande.org/DocumentCenter/View/276/Bicycle-and-Trails-Master-Plan Page 110 of 239 Item 9.f. City Council Summary Vacation of a Public Equestrian Easement on Ridgeview Way February 11, 2025 Page 3 b. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. In this case, the City is summarily vacating the equestrian easement which has been determined to be excess by the easement holders, there are no other public facilities located within the easement area, and the requirements of the Streets and Highways code are satisfied. Therefore, the City may vacate the PUE under the authority provided by Streets and Highways Code Section 8333(c). ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt a Resolution summarily vacating a public equestrian easement at 151 Ridgeview Way, 710 White Court, 711 White Court, and 250 Ridgeview Way pursuant to Streets and Highway Code Section 8330 et seq; 2. Do not adopt a Resolution to vacate the public equestrian easement; or 3. Provide other direction to staff. ADVANTAGES: Abandonment of the easement will remove an encumbrance on private properties that is not currently in use by the City, and has not been used by the City since the easement was granted. DISADVANTAGES: Abandonment will eliminate the possibility of expanding the trail network between Tally Ho Road and the rural areas to the north. However, pending development of 151 Ridgeview Way will result in the construction of new City standard curb, gutter, and sidewalk within the public right-of-way, outside of the easement area. This sidewalk will connect to the existing sidewalk on White Court without the need for the easement. ENVIRONMENTAL REVIEW: The proposed summary vacation of the easement is not a project subject to the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State Guidelines, Section 15060, subd. (b)(2)-(3), 15378.) Alternatively, the summary vacation of the easement is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State Guidelines Section 15061, subd. (b )(3).) Page 111 of 239 Item 9.f. City Council Summary Vacation of a Public Equestrian Easement on Ridgeview Way February 11, 2025 Page 4 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Proposed Resolution Page 112 of 239 65501.00002\42459178.6 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING SUMMARY VACATION OF A PUBLIC EQUESTRIAN EASEMENT AT 710 WHITE COURT, 711 WHITE COURT, 151 RIDGEVIEW WAY, AND 250 RIDGEVIEW WAY AND FINDING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Chapter 4 of the Public Streets, Highways and Services Easements Vacation Law, commencing with Streets and Highways Code Section 8330, provides for summary vacation of streets and public service easements; and WHEREAS, the subject easement (the “Easement”) to be vacated is a fourteen-foot wide (14') easement along the four parcels described in Exhibit A and depicted in Exhibits B-D, of which copies are attached hereto and incorporated herein by this reference; and WHEREAS, the Easement was original conveyed to the City for equestrian trail purposes to be incorporated into a public equestrian trail system, envisioned in the 1988 Parks and Recreation Element of the General Plan; and WHEREAS, the proposed public equestrian trail system did not materialize, and no other equestrian easements have been established under the proposed equestrian trail network; and WHEREAS, the Arroyo Grande Parks and Recreation Element no longer envisions the development of a public equestrian trail system; and WHEREAS, the City’s Bicycle and Trails Master Plan, adopted in 2012, does not identify the subject equestrian easement as part of an existing or proposed bicycle or trail network, nor is a path shown in the adopted 2021 Circulation Element. Additionally, the City’s Active Transportation Plan, which will supersede the Bicycle and Trails Master Plan, does not include the equestrian easement as an active transportation facility; and WHEREAS, the Easement does not connect to any other existing trails; and WHEREAS, the Easement is a public service easement; and WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate a public service easement when it has been determined to be excess by the easement holder, and there are no other public facilities within the easement; and WHEREAS, the Easement is not needed for its specified purpose, has been determined to be excess by the City as the easement holder, and there are no other public facilities or utility easements within the Easement; and Page 113 of 239 RESOLUTION NO. PAGE 2 WHEREAS, the Easement has not served the purpose for which it was acquired for at least the past consecutive five years immediately preceding this vacation; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby resolve as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Vacation of Easement. This Resolution is adopted pursuant to the summary vacation procedures set forth in California Streets and Highways Code section 8330 et seq., as the portion of the easement to be vacated is excess, not required for public utility purposes, and there are no public facilities located within the easement area. The easement area to be vacated is described in Exhibit A and depicted in Exhibits B-D, a copy of which are attached hereto and incorporated herein by this reference. The City Council hereby orders the vacation of the Easement and any and all interests that the City may have therein. 3. Environmental Review. The City Council hereby determines that the summary vacation of the easement is not a project subject to the California Environmental Quality Act ("CEQA") because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Alternatively, the summary vacation of the easement is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines,§ 15061, subd. (b)(3).) 4. Effective Date. This Resolution shall take effect upon adoption. 5. Recordation. The City Clerk shall cause a certified copy of this Resolution of vacation, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the San Luis Obispo County Clerk-Recorder. Pursuant to California Streets and Highways Code Section 8336, no fee shall be charged for recordation. On motion by Council Member ______, seconded by Council Member _______, and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this ____ day of _______, 2025. Page 114 of 239 RESOLUTION NO. PAGE 3 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ___________________________________ ISAAC ROSEN, CITY ATTORNEY Page 115 of 239 1 | P a g e EXHIBIT “A” EXISTING PUBLIC 14’ WIDE PEDESTRIAN AND EQUESTRIAN EASEMENT LEGAL DESCRIPTION ALL THAT PUBLIC 14.00’ WIDE PEDESTRIAN AND EQUESTRIAN EASEMENT DESIGNATED ON THE MAP THAT CREATED IT LYING ACROSS THE FOLLOWING DESCRIBED PARCELS; THE REMAINDER OF PARCEL MAP AG 11-0046, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED NOVEMBER 9, 2016 IN BOOK 79, PAGES 16 THROUGH 18 OF PARCEL MAPS; PARCEL 2 OF PARCEL MAP AG 11-0046, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED NOVEMBER 9, 2016 IN BOOK 79, PAGES 16 THROUGH 18 OF PARCEL MAPS; PARCEL 1 OF PARCEL MAP AG 87-240, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 28TH 1990 IN BOOK 46, AT PAGE 90 OF PARCEL MAPS OF PARCEL MAPS; PARCEL 1 OF PARCEL MAP AG 14-0029, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JULY 7TH 2015 IN BOOK 78, PAGES 4 THROUGH 6 OF PARCEL MAPS; PARCEL 2 OF PARCEL MAP AG 14-0029, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JULY 7TH 2015 IN BOOK 78, PAGES 4 THROUGH 6 OF PARCEL MAPS. END DESCRIPTION JEFFREY G. ZAMBO P.L.S. 9210 DATE: 11.19.2024 Page 116 of 239 2 | P a g e EXHIBIT “B” REMAINDER PARCEL & PARCEL 2, PARCEL MAP AG 11-0046 Page 117 of 239 3 | P a g e EXHIBIT “C” PARCEL 1, PARCEL MAP AG 87-240 Page 118 of 239 4 | P a g e EXHIBIT “D” PARCEL 1, PARCEL MAP AG 14-0029 Page 119 of 239