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HomeMy WebLinkAboutCC 2025-09-23_09d Offer of Dedication for Tract 3101Item 9.d. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Director of Public Works BY: Natalie Riddering, Planning/Engineering Permit Technician Shannon Sweeney, City Engineer SUBJECT: Accepting an Offer of Dedication for Tract 3101 DATE: September 23, 2025 RECOMMENDATION: 1) Adopt a Resolution rescinding rejection and accepting for public purposes an Offer of Dedication of Parcel “A,” shown on Tract Map 3101; and 2) Find that the action 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.(c)(2)-(3), 15378.) or, alternatively, that it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) (the “common sense exemption”). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no financial impact to accepting the Offer of Dedication for APN 077-204-069, which will provide the City with the required and adequate right of way to construct the Halcyon Complete Streets Project. Without this right-of-way, the City will need to redesign the current plans, which would increase project costs by additional design consultant fees and increase staff time demands. Without this right-of-way, a redesign of the project may be required, and acquiring additional right-of-wa y would likely increase project costs and staff time by significant amounts. BACKGROUND: On March 19, 20191, the Planning Commission adopted Resolution 19-2321, which adopted the Mitigated Negative Declaration, approved the Vesting Tentative Tract Map 16-0002, and Conditional Use Permit 16-007. The approval authorized the construction 1 https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/8254?fileID=15077 Page 70 of 169 Item 9.d. City Council Accepting an Offer of Dedication for Tract 3101 September 23, 2025 Page 2 of a mixed-use project containing a 506 square foot neighborhood retail use (coffee shop) with a 388-foot outdoor patio, and 23 residential units. The subdivision conditions of the mixed-use project dictate that the applicant shall dedicate the right-of-way necessary to implement Alternative 2 of the Halcyon Road Complete Streets Plan to accommodate a roundabout at Fair Oaks Avenue and South Halcyon Road. The right-of-way was offered as part of Tract Map 3101, which was noticed for final map approval in compliance with Government Code 664582. However, the City Engineer, acting on behalf of the City Council, rejected the Offer of Dedication of Parcel “A”, shown on Tract Map 3101, while reserving the right to accept the offer in the future as provided by section 66477.23 of the Subdivision Map Act. ANALYSIS OF ISSUES: The City previously rejected the Offer of Dedication for Parcel “A” due to timing issues but reserved the right to accept it at a later date. Under state law, when a public easement dedication is rejected at the time of final map approval, the offer remain s open. The City Council may later accept the dedication by resolution, without further action from the subdivider. The acceptance must then be recorded with the County Recorder. The City has reached 60% design for the Halcyon Complete Streets project, in cluding the roundabout and adjacent improvements. A parcel offered in Tract Map 3101 is needed to meet sidewalk width requirements in the northwest section. Without this parcel, the design may need to be reconfigured, potentially requiring right-of-way from another property. Staff recommends accepting the Offer of Dedication now, via resolution (Attachment 1), so that staff can certify the right-of-way for the Halcyon Complete Streets project, a prerequisite for State grant funding and project bidding. ALTERNATIVES: 1. Adopt a Resolution rescinding the previous City Council action rejecting the Offer of Dedication on May 19, 2022, as part of Tract Map 3101 and accepting the Offer of Dedication of Parcel “A”, shown on Tract Map 3101, recorded in Book 41 of Maps at Page 77-80, described in Document No. 2022024687 of Official Records of the San Luis Obispo County Recorder for public purposes; or 2. Modify staff’s recommendation and approve; or 3. Provide other direction to staff. ADVANTAGES: Rescinding the previous rejection of the Offer of Dedication and accepting the Offer of Dedication provides the City the property necessary to continue with current designs, schedules, and project cost estimates for the Halcyon Complete Streets roundabout at Fair Oaks Avenue and South Halcyon Road. 2 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66458 3https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=66477.2.&lawCode=GO V Page 71 of 169 Item 9.d. City Council Accepting an Offer of Dedication for Tract 3101 September 23, 2025 Page 3 DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: Find that the action 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.(c)(2)-(3), 15378.) or, alternatively, that it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) (the “common sense exemption”). 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 72 of 169 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RESCINDING REJECTION AND ACCEPTING FOR PUBLIC PURPOSES AN OFFER OF DEDICATION OF PARCEL “A”, SHOWN ON TRACT MAP 3101 WHEREAS, the Planning Commission adopted Resolution 19-2321 approving Vesting Tentative Tract Map 16-0002 and Conditional Use Permit 16-007; and WHEREAS, Tract Map 3101 was noticed for Approval of a Final Map ; and WHEREAS, Tract Map 3101 was recorded June 10, 2022; and WHEREAS, The City Engineer acting on behalf of the City Council rejected the Offer of Dedication of Parcel “A”, shown on Tract Map 3101, recorded in Book 41 of Maps at Page 77-80, described in Document No. 2022024687 of Official Records of the San Luis Obispo County Recorder while reserving the right to accept the offer in the future provided by section 66477.2 of the Subdivision Map Act; and WHEREAS, all 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: 1. Rescind its rejection of an offer of dedication of Parcel “A”, shown on Tract Map 3101, recorded in Book 41 of Maps at Page 77-80, described in Document No. 2022024687 of Official Records of the San Luis Obispo County Recorder. 2. Accept the offer of dedication of Parcel “A”, shown on Tract Map 3101, recorded in Book 41 of Maps at Page 77 -80, described in Document No. 2022024687 of Official Records of the San Luis Obispo County Recorder, attached as Exhibit “A” and incorporated herein. 3. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the office of the City Clerk. 4. The City Clerk shall cause this resolution, once certified, to be recorded in the office of the County Record of San Luis Obispo County, California. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: Page 73 of 169 RESOLUTION NO. PAGE 2 AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 23rd day of September, 2025. Page 74 of 169 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 75 of 169 RESOLUTION NO. PAGE 4 EXHIBIT “A” TRACT MAP 3101 Page 76 of 169 Page 77 of 169 Page 78 of 169 Page 79 of 169 Page 80 of 169