CC 2024-09-09_09g Accept Public Improvements Tract 2985Item 9.g.
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MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Director of Public Works
BY: Shannon Sweeney, City Engineer
Natalie Riddering, Planning/Engineering Permit Technician
SUBJECT: Accept Public Improvements for Tract 2985
DATE: September 9, 2024
RECOMMENDATION:
1) Adopt a Resolution accepting public improvements for Tract 2985, located at 251
Corbett Canyon Road; and
2) Determine that acceptance of the public improvements, which were a required
Condition of Approval for the underlying entitlements, 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.)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The estimated value of the public improvements for Tract 2985 is $2,155,573.40.
Maintenance of the new public improvements will add to the overall costs of the City
infrastructure maintenance program.
BACKGROUND:
On October 3, 2017, the Arroyo Grande Planning Commission adopted Resolution 17 -
2287 approving Vesting Tentative Tract Map (VTTM) 13-002 and Planned Unit
Development (PUD) 13-002. The project consists of the subdivision of 4.6 acres into
eleven (11) lots for the development of single-family detached housing.
As a condition of approval, the applicant was required to construct several public
improvements, including grading, drainage, erosion control, undergrounding of existing
utilities, connection to the public water system and public sewer system, private streets
and sidewalks, public streets and sidewalks, public utility installations, landscape, and
irrigation. The applicant’s Project Engineer estimated the cost of improvements at
$2,155,573.40.
Page 193 of 211
Item 9.g.
City Council
Accept Public Improvements for Tract 2985
September 9, 2024
Page 2
ANALYSIS OF ISSUES:
Public improvement plans for Tract 2985 were issued on December 1, 2022. The Final
Tract Map 2985 and the Covenants, Conditions, and Restrictions (CC&Rs) for the
development were recorded on December 23, 2022. The Tract’s Stormwater Operation
and Maintenance Agreement was recorded on November 2, 2023. The public
improvements were completed and approved on May 31, 2024. Acceptance of the public
improvements begins the one-year maintenance period, during which time the developer
will be responsible for maintenance and repair of the public improvements. The developer
has provided the necessary ten percent (10%) wa rranty bond of $215,557.34 to be held
for one year from the time of acceptance of the public improvements. After the one -year
maintenance period, the City will take over the maintenance of the public improvements
in perpetuity.
ALTERNATIVES:
1. Adopt a Resolution accepting public improvements for Tract 2985 ;
2. Do not adopt a Resolution accepting public improvements for Tract 2985; or
3. Provide other direction to staff.
ADVANTAGES:
By accepting the public improvements, the City will take ownership of facilities in the
public right of way.
DISADVANTAGES:
Acceptance of the public improvements will add to the City’s annual maintenance costs .
Additional staff time will be required to maintain the water line, sewer line and
decomposed granite sidewalk.
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), the Planning
Commission adopted a Mitigated Negative Declaration (MND) on October 3, 2017, which
included the Vesting Tentative Tract Map and Planned Unit Development 13-002.
The acceptance of the public improvements, which were a required Condition of Approval
for the underlying entitlements, 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.) Further, and in the alternative, the scope of the public
improvements required for the project were studied as part of the Project’s MND, and City
Council’s action to now accept those public improvements 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).).
Page 194 of 211
Item 9.g.
City Council
Accept Public Improvements for Tract 2985
September 9, 2024
Page 3
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
2. Public Improvements
Page 195 of 211
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT 2985,
LOCATED AT 251 CORBETT CANYON ROAD BY DAN AND SCOTT
PACE
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City Clerk
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, California 93420
Page 196 of 211
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT 2985,
LOCATED AT 251 CORBETT CANYON ROAD
WHEREAS, Dan and Scott Pace applied for a subdivision on property located at 251
Corbett Canyon Road; and
WHEREAS, the Planning Commission approved Vesting Tentative Tract Map 13 -002 and
Planned Unit Development 13-002 on October 3, 2017; and
WHEREAS, the project was conditioned to complete certain public improvements
pursuant to Planning Commission Resolution on No. 17-2287 adopted by the Arroyo
Grande Planning Commission on October 3, 2017; and
WHEREAS, the developer has constructed the improvements required by the conditions
of approval and staff has inspected the improvements, finding them to be constructed in
accordance with the approved plans for Tract 2985 dated May 31, 2024; and
WHEREAS, the acceptance of the public improvements, which were a required Condition
of Approval for the underlying entitlements, 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.) Further, and in the alternative, the scope
of the public improvements required for the project were studied as part of the Project's
MND, and City Council's action to now accept those public improvements 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).).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande hereby accepts the public improvements for Tract Map 2985, located at 251
Corbett Canyon including grading, drainage, erosion control, undergrounding of existing
utilities, public water system, public sewer system, private streets and sidewalks, public
streets and sidewalks, public utility installations, landscape and irrigation.
On motion of Council Member
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
, seconded by Council Member , and
the foregoing Resolution was passed and adopted this 9th day of September 2024.
Page 197 of 211
ATTACHMENT 1
RESOLUTION NO.
PAGE 2
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 198 of 211
ATTACHMENT 2
Figure 1: Tract 2985 currently
Figure 2: Tract 2985 location
Page 199 of 211