Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 23, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Acceptance of Offer of Dedication from Final Tract Map 3038 Phase 1 for South 16th Street
RECOMMENDATION
Accept the offer of dedication on Final Tract Map 3038 Phase 1 for South 16th Street and authorize the City Clerk to record the acceptance.
BACKGROUND
On October 21, 2013, the City Council accepted Final Tract Map 3038 Phase 1 for a nineteen (19) lot subdivision of a property located at the northeast corner of Farroll Road and S. 16th Street. At the time the map was recorded, the City accepted all dedications on the map with the exception of South 16th Street as the associated improvements were not constructed at that time. Per Section 8.80.020 of the City’s Development Code, and in compliance with California Government Code Section 66477.2 and Code of Civil Procedure Section 771.010, the City may, at a later date, accept dedications once appropriate as the dedications must remain open once offered.
The public improvements for all phases of the tract development have been completed and accepted by the City. The proposed resolution would formally accept the 60-foot dedication of South 16th Street as an easement for roadway purposes. The subject section of South 16th Street is already being used by the public as a public street.
The need for this action was discovered by staff during a review of past offers of dedication that were rejected at the time the final maps were accepted and are now appropriate to accept given the completion of the improvements. Acceptance of this dedication would confirm the public interest in use of South 16th Street as a public roadway.
FISCAL IMPACT
There is no fiscal impact associated with this action. Formal acceptance of the dedication at this time will not create unexpected maintenance costs going forward.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Accept the offer of dedication on Final Tract Map 3038 Phase 1 for South 16th Street and authorize the City Clerk to record the acceptance; or
Staff Report: Offer of Dedication Acceptance - South 16th Street Page 2 September 23, 2024
2. Do not accept the offers of dedication; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. The homeowner’s association for the subject development was notified of this proposed action by the Council.
Attachments
1. Resolution 24-
2. Final Map 3038 Phase 1
3. Resolution 13-43
Attachment 1
RESOLUTION NO. 24-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA ACCEPTING CERTAIN OFFERS OF DEDICATION FOR TRACT MAP 3038 PHASE 1, AND AUTHORIZING THE CITY CLERK TO RECORD A
NOTICE OF THE ACCEPTANCE OF THE DEDICATIONS
WHEREAS, Final Tract Map 3038 Phase 1 recorded November 1, 2013 on pages 1 through 4 of book 34 of maps in the County of San Luis Obispo created a 19 lot subdivision of a portion of Lot 8 of Pismo Beach Gardens (3 MB 45); and, WHEREAS, Final Tract Map 3038 Phase 1 was approved by the City Council on October 21, 2013; and,
WHEREAS, at the time of recording, the property owner, Green Park LLC, dedicated the real property, as an easement, of South 16th Street, Farroll Road, access denial along Farroll Road, sight distance easements, access for road and sidewalk purposes, an open space easement, and drainage detention basin easement, a blanket drainage easement across the entire site except for areas occupied by buildings, and a public utility easement within Farroll Road and South 16th Street as delineated on Final Tract Map 3038 Phase 1; and, WHEREAS, the offers of dedication on Final Tract Map 3038 Phase 1 were accepted with the exception of the offer of dedication for South 16th Street, which was deemed appropriate to accept when the final tract phase was complete and all public improvements were found to be acceptable; and,
WHEREAS, it is now appropriate to accept the dedication of South 16th Street on Final Tract Map 3038 since the necessary improvements are completed; and, WHEREAS, each of the lots created by Final Tract Map 3038 Phase 1 are now individually owned and a Homeowners Association is actively maintaining all common areas as required in the Covenants, Conditions, and Restrictions; and,
WHEREAS, the Homeowners Association for the subject development has been notified of this resolution by the Grover Beach City Council prior to its adoption.
NOW THEREFORE, BE IT HEREBY RESOLVED by The City Council of the City of Grover Beach that:
The offer of dedication for South 16th Street on Tract Map 3038 Phase 1 is accepted and the City Clerk is directed to record this acceptance with the County of San Luis Obispo.
On motion by Council Member __________, seconded by Council Member ________, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
Resolution No. 24-__ Page 2
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 23rd day of September 2024.
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
For County Clerk Recorder’s use only:
The foregoing Resolution was RECORDED by the County Clerk Recorder’s Officer on the _____ day of ________, 2024 on Page _______ of Book ________. The document number is _____________.
Attachment 2
RESOLUTION NO. 13-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA, APPROVING THE FINAL MAP OF TRACT
3038, PHASE 1, REJECTING THE OFFER OF DEDICATION FOR
SOUTH 16TH STREET AND ACCEPTING ALL OTHER OFFERS OF
DEDICATION IDENTIFIED ON THE MAP
WHEREAS, Green Park LLC, a California Limited Liability Corporation, has filed for approval a Final Map designated as Tract No. 3038, Phase 1; and WHEREAS, at the February 6, 2012 City Council meeting, the Council adopted Resolution No. 12-08 adopting Conditions of Approval for Vesting Tentative Tract Map No. 3038 consisting of a 48 lot phased subdivision of single family homes; and WHEREAS, the City Engineer is recommending acceptance of a" offers of dedication to the public identified on the map with the exception of the offer of dedication for South 16th Street, which wi" be accepted by the City at the time the final tract phase is complete and a" public improvements are found to be acceptable; and WHEREAS, the certificates which appear on the map have been signed and acknowledged; and
WHEREAS, the subdivision lies within the boundaries of the City of Grover Beach; and
WHEREAS, the City Engineer and Community Development Director have reviewed the map and have determined that the subdivision shown is substantially the same as it appeared on the tentative map and a licensed Land Surveyor has reviewed the map on behalf of the City and found the map to be technically correct; and WHEREAS, at the time of recording the City Engineer wi" certify by his signature that the map conforms to the requirements of the Subdivision Map Act of the State of California and a" City ordinances, resolutions, and standards applicable at the time of approval of the tentative map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach as follows:
1. That the map is hereby approved and a" dedications to the public identified on the map, with the exception of the dedication for South 16th Street, are hereby accepted.
2. That the dedication for South 16th Street is hereby rejected without prejudice, subject to completion and acceptance of public improvements associated with the final phase of Tract 3038.
3. The Council finds that the map is in substantial compliance with the approved tentative map, subject to the City Engineer's certification that a" conditions of approval have been complied with prior to recordation of the map.
Attachment 3
Resolution No. 13-43
Upon motion by Council Member Lee, seconded by Mayor Pro Tem Bright, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members Lee, Marshall, Nicolls, Mayor Pro Tem Bright, and Mayor Peterson.
Council Members - None.
Council Members - None.
Council Members - None.
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting by the City Council of the City of Grover Beach, California this 21 st day of October, 2013.
DEBBIE PETERSON, MAYOR
Attest:
D~L.McMAHON, CITVCLERK