HomeMy WebLinkAboutR 2025-05365501.00002\43955572.5
RESOLUTION NO. 2025-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING APPEAL CASE NO. 24-002
AND DENYING WITH PREJUDICE TENTATIVE PARCEL
MAP 23-001; SUBDIVISION OF ONE (1) EXISTING PARCEL
INTO FOUR (4) NEW PARCELS WITH ONE (1) REMAINDER
PARCEL; LOCATION – 444 LIERLY LANE; APPLICANT –
BRUCE VANDERVEEN AND JEANNE HELPHENSTINE;
REPRESENTATIVE – KERRY MARGASON, MBS LAND
SURVEYS
WHEREAS, the applicant has filed Tentative Parcel Map 23-001 to a subdivide the existing
parcel into four (4) new parcels with one (1) remainder parcel (the “Project); and
WHEREAS, the existing Project site is a 1.31-acre parcel located at 444 Lierly Lane; and
WHEREAS, Municipal Code Section 16.20.040 authorizes the Planning Commission to
approve Tentative Parcel Map applications, with recommendations from the City Engineer,
Planning Director and Staff Advisory Committee; and
WHEREAS, the Planning Commission reviewed the Project at a duly noticed public hearing
on March 19, 2024. During that meeting, the public hearing was continued to May 7, 2024.
The Planning Commission further reviewed the Project at the duly noticed public hearing on
May 7, 2024, at which time concerns were raised by residents of inadequate access of 444
Lierly Lane to East Cherry Lane, particularly for emergency vehicles, if the Project were to
occur. During that meeting, the public hearing was continued to a date uncertain to allow
the applicant time to resolve issues relating to inadequate access. The Planning
Commission again reviewed the Project at a duly noticed public hearing on October 15,
2024, shortly prior to which the applicant raised new legal issues, at which time the Planning
Commission continued the hearing to October 29, 2024 at which time the Planning
Commission voted unanimously to deny the Project; and
WHEREAS, on November 8, 2024, the applicant filed an appeal of the Planning
Commission decision; and
WHEREAS, the City Council was prepared to hear the appeal of the Project on January 14,
2025, but the applicant requested that the appeal date be extended; and
WHEREAS, the City Council approved the extension of the date of appeal from January 14,
2025, as requested by the applicant; and
WHEREAS, in good faith, the City has allowed the applicant substantial time to resolve the
concerns regarding inadequate access from Lierly Lane; and
WHEREAS, City Staff has conducted a thorough review of the Project and the City Council
incorporates the analysis of the Staff Report dated July 22, 2025, prepared by the
RESOLUTION NO. 2025-053
PAGE 2
Community Development Director as part of the passage of this Resolution and relating to
the same Project; and
WHEREAS, the City Council finds, after due study, deliberation, and public hearing, the
following circumstances exist:
Tentative Parcel Map Findings Under Arroyo Grande Municipal Code Section 16.20.060.C:
1. The proposed tentative parcel map is consistent with goals, objectives,
policies, plans, programs, intent and requirements of the Arroyo Grande
General Plan, as well as any applicable Specific Plan, and the requirements
of this title.
The Project is not consistent with the adopted Circulation Element , the Arroyo
Grande Municipal Code, and the City’s Engineering Standards, Plans, and
Policies, which state the following:
“Circulation Element. CT1-1 Standards: Streets shall be constructed in
conformance with the City and State’s adopted Engineering Standards, Plans,
and Policies that apply to each classification. Variations and modifications in
Standards and planned alignments may be permitted with City Council
approval or City Engineer / Public Works Director approval where delegated.
Arroyo Grande Municipal Code. Section 16.20.050.E – Required Access. No
land division final map shall be recorded unless public access is provided from
each parcel of the land division to a city, county, county service area,
community service district, state or federal road that is maintained for public
use. Public access to a road maintained by a property owner's association
may be allowed if the city council determines that there is no other feasible
means of guaranteeing maintenance of the road for public use, and if the
association has the unqualified right to maintain the road pursuant to recorded
conditions, covenants and restrictions which require the association to
maintain the road and such requirement cannot be amended or terminated
with the consent of the city.
City Standard Specifications and Engineering Standards
Standards for Private Road – 24 feet”
The existing private road easement is 8 feet in width and does not meet the
adopted constructed private road standard of 24 feet in width. The existing 8-
foot wide easement would not only prevent most emergency responder
vehicles from accessing the site, but would prevent several types of
passenger vehicles as well. The applicant will be creating four additional
parcels that will generate additional vehicle trips on an existing deficient
private road. The constructed roadway does not align with the location of the
easement, and utility poles, a hydrant and fences are located within the
easement that further restrict vehicle access. Thus, the deficient private road
will not accommodate traffic from the proposed Project in a safe manner for
residents as the limited easement width compromises resident access.
RESOLUTION NO. 2025-053
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2. The site is physically suitable for the type of development proposed.
The site is not suitable for the type and intensity of development proposed.
The proposed subdivision does not utilize a design that is compatible with the
surrounding neighborhood due to providing substandard access which will
affect property owners adjacent to the proposed site.
3. The site is physically suitable for the proposed density of development.
The site is not physically suitable for the proposed density of development due
to providing substandard private and emergency access.
4. The design of the tentative parcel map or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
The design of the tentative parcel map was designed to minimize potential
environmental impacts and is not anticipated to cause substantial
environmental damage if approved.
5. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The Project proposes substandard access, therefore, the Project is likely to
cause serious public health problems. The existing private road easement is
8 feet in width and does not meet the adopted constructed private road
standard of 24 feet in width for a two-lane private road. The applicant will be
creating four additional parcels that will generate additional vehicle trips on an
existing deficient private road. Further, the physical driveway does not match
the location of the easement, and utility poles are located within the easement
that further restrict vehicle access.
6. The design of the tentative parcel map or the type of improvements will not
conflict with easements acquired by the public-at-large for access through, or
use of, property within the proposed tentative parcel map or that alternate
easements for access or for use will be provided, and that these alternative
easements will be substantially equivalent to ones previously acquired by the
public.
The tentative parcel map will not interfere with any existing easements owned
by the public at large.
7. The discharge of waste from the proposed subdivision into an existing
community sewer system will not result in violation of existing requirements
as prescribed in Division 7 (commencing with Section 13000) of the California
Water Code.
The Project site currently has access to all necessary utilities and will continue
to have access after completion of the Project.
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8. Adequate public services and facilities exist or will be provided as the result
of the proposed tentative parcel map to support project development.
The Project site has substandard access to the parcel. The substandard
access affects the ability of public service vehicles and emergency responder
vehicles to access the parcel. The proposal does not provide additional
access facilities that would resolve the substandard access.
9. For a proposed subdivision that includes, or is adjacent to an agriculture
district; the design of the tentative map or proposed improvements shall
provide an adequate buffer, according to Section 16.12.170(F) and as further
determined through environmental review under CEQA, to minimize potential
conflicts between agricultural and non-agricultural land uses and to protect the
public health, safety and welfare.
The proposed Project is not adjacent to any agricultural lands and, therefore,
no agricultural buffer is proposed or required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby:
1. Finds that all recitals above are true, correct, and incorporated herein.
2. Denies Appeal Case 24-002, with the above findings, attached hereto and
incorporated herein by this reference.
3. Determines that denial of the Project is exempt from environmental review under the
California Environmental Quality Act (CEQA) because CEQA does not apply to the
disapproval or rejection of projects by a public agency. (Pub Resources Code, §
21080, subd. (b)(5); State CEQA Guidelines, § 15270, subd. (a).). There will be no
subdivision or construction as a result of the denial of this application for a
subdivision, and therefore the denial 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.).
4. This Resolution shall take effect immediately upon adoption.
On motion by Council Member Guthrie, seconded by Council Member Secrest, and by the
following roll call vote, to wit:
AYES: Council Members Guthrie, Secrest, and Loe
NOES: None
ABSENT: Mayor Ray Russom and Council Member Maraviglia
the foregoing Resolution was adopted this 22nd day of July, 2025.
FOR 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
RESOLUTION NO. 2025-053
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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. 2025-053 was passed and adopted at a regular meeting
of the City Council of the City of Arroyo Grande on the 22nd day of July, 2025.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23rd day
of July, 2025.
JESSICA MATSON, CITY CLERK