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PC R 14-2208 RESOLUTION NO. 14-2208 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE PLOT PLAN REVIEW CASE NO. 14-003; LOCATED AT 465 CANYON WAY (LOT 40 OF TRACT 2265); APPLIED FOR BY TED MALLEY WHEREAS, on December 21, 1999 the Planning Commission of the City of Arroyo Grande adopted Resolution No. 99-1727, approving Vesting Tentative Tract Map No. 2265 and Planned Unit Development No. 97-563; and WHEREAS, conditions of approval for the project required the recordation of open space easements in favor of the City of Arroyo Grande over portions of four (4) lots located in Tract 2265; and WHEREAS, the open space easements designated building envelopes for each of the subject lots and restricted activities on areas outside of these envelopes; and WHEREAS, changes to the location of the building envelopes are subject to review and approval of the Community Development Director; and WHEREAS, the Community Development Director determined a plot plan review was necessary to evaluate the proposed modification to the building envelope for Lot 40 of Tract 2265 and required the approval of the City Council, following a recommendation by the Planning Commission; and WHEREAS, the applicant submitted an application for plot plan review for the modification of the building envelope for Lot 40 of Tract 2265; and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is exempt per Section 15305 of the CEQA Guidelines regarding minor alterations in land use limitations that do not result in any changes in land use or density; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a regular meeting on May 6, 2014; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Plot Plan Review Findings: 1. The proposed project is consistent with the goals, objectives, policies, and programs of the Arroyo Grande General Plan. RESOLUTION NO. 14-2208 PAGE 2 The proposed modification to the building envelope for the subject property is consistent with the goals, objectives, policies, and programs of the Arroyo Grande General Plan and results in substantially reduced grading necessary for further development on the subject property. Additionally, the resulting building envelope maintains the original intent of the open space easement, which was to preserve the,natural environment surrounding the subject property by prohibiting structures, grading, or filling outside of said easement, by reducing the grading necessary for further development on the subject property. 2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety, or general welfare. The proposed project conforms to conditions of approval for Tract 2265 by , allowing for changes to the location of the building envelope on the subject property and will not be detrimental to the public health, safety, or general welfare by maintaining restrictions on the use of property outside of the building envelope and reducing grading necessary for further development of the subject property. 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. The modified location of the building envelope for the subject property is compatible with the surrounding neighborhood by substantially reducing grading necessary for further development of the subject property. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council approve Plot Plan Review Case No. 14-003, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference; and further recommends the City Council authorize the Mayor to execute a First Amendment to Open-Space Agreement Granting an Open Space Easement to the City of Arroyo Grande, as presented to the Planning Commission on May 6, 2014 and as shown in Exhibit "B", attached hereto and incorporated herein by this reference as though set forth in full. On motion by Commissioner Keen, seconded by Commissioner Russom, and by the following roll call vote, to wit: AYES: Keen Rusom, Goss, Sperow NOES: None ABSENT: Martin the foregoing Resolution was adopted this 6th day of May, 2014 RESOLUTION NO. 14-2208 PAGE 3 ATTEST: BBIE WEICHINGER f LISA SPE OW, VICE CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: TERE A MC(CLISH COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 14-2208 PAGE 4 EXHIBIT `A' CONDITIONS OF APPROVAL PLOT PLAN REVIEW 14-003 465 CANYON WAY COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Plot Plan Review 14- 003. 3. The project shall occur in substantial conformance with the First Amendment to Open Space Agreement Granting an Open Space Easement to the City of Arroyo Grande presented to the Planning Commission at their meeting of May 6, 2014 and marked Exhibit "B". 4. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 5. Development shall conform to the Residential Rural (RR) zoning district standards except as otherwise approved. SPECIAL CONDITIONS 6. Prior to the issuance of any building permit, the applicant shall record a non- exclusive pedestrian access easement that coincides with the property's respective portion of the Canyon Way private drive, on a form approved by the City Attorney.. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS GENERAL CONDITIONS: BUILDING CODES 7. All construction shall comply with the current California Codes, including the specifically adopted City of Arroyo Grande provisions. EXHIBIT B RECORDING REQUESTED BY WHEN RECORDED RETURN TO: City Clerk City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY NO RECORDING FEE-PUBLIC AGENCY- FIRST AMENDMENT TO OPEN-SPACE AGREEMENT GRANTING AN OPEN SPACE EASEMENT TO THE CITY OF ARROYO GRANDE LOT 40 OF TRACT NO. 2265 CITY OF ARROYO GRANDE, CALIFORNIA This First Amendment to Open-Space Agreement Granting an Open Space Easement to the City of Arroyo Grande (the "First Amendment 1") is entered into on this 1141'day of , 2014, by and between Ted P. Malley, an individual (the "Owner") and the City of Arroyo Grande, a municipal corporation (the "City"). Recitals WHEREAS, Owner is the record owner of that certain real property located in the City of Arroyo Grande, County of San Luis Obispo, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property was created by Tract Map No. 2265, which was recorded in the Official Records of San Luis Obispo County on August 23, 2000 in Book 19, Page 31 of Maps as Document No. 2000-047633 (the "TM 2265"); WHEREAS, TM 2265 included, among other things, an offer of dedication to the public for an open space easement (the "Open Space Easement") over a portion of the Property leaving a "buildable area" of approximately one (1) acre in the area described and depicted in TM 2265 (the "Buildable Area"); WHEREAS, on September 13, 2000, City and Owner's predecessor in interest executed an Open-Space Agreement Granting and Open Space Easement to the City of Arroyo Grande (the "Open Space Agreement") which was recorded in the Official Records of San Luis Obispo County as Document No. 2001025583. The Open Space Agreement, among other things, imposed certain restrictions regarding the use of the Property; 1 WHEREAS, the City formally accepted the Open Space Easement on April 9, 2002 by Resolution No.3584 which was recorded in the Official Records of San Luis Obispo County on June 5, 2002 as Document No. 2002046270; " WHEREAS, Owner filed an application with City to adjust the location of the Buildable Area within the Open Space Easement; and • WHEREAS, by this First Amendment, Owner and City wish to modify the location of the Buildable Area and to set forth some additional terms and conditions regarding the Open Space . Easement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Modification of location of Buildable Area within Open Space Easement. Owner and City agree that the location of the Buildable Area as described in TM 2265 is hereby relocated to the area described and depicted in Exhibit "B" attached hereto and incorporated herein by this reference. All references to the Building Area herein shall refer to the modified location described in this First Amendment. 3. Restrictions on the Use of the Property. Except for the Buildable Area, the restrictions imposed upon the use of the Property as set forth in the Open Space Agreement shall remain in full force and effect with the understanding that grading, filling or other improvements that have been constructed or placed to serve the existing residence or as necessary to serve any future buildings that may be constructed within the Buildable Area shall be allowed. 4. Incorporation of Terms and Conditions of Open Space. Except as modified herein, all terms and conditions of the Open Space Agreement, all of which are hereby incorporated herein by this reference as set forth in full, shall remain in full force and effect. In the event of a conflict between this First Amendment and the Open Space Agreement, the terms or condition of this First Amendment shall control. 5. Binding on Successors in Interest. All provisions of this First Amendment shall run with the land described herein and shall be binding on the parties hereto and their heirs, assigns and successors in interest. 6. Subordination. Owner shall cause Mortgage Electronic Registration Systems, Inc.,?as the nominee for Resource Lenders, Inc and beneficiary of record for that certain deed of trust recorded June 5, 2013 as Document No. 2013-032369 of Official Records San Luis 2 Obispo, to assent to this First Amendment and subordinate its respective interests to the restrictions and obligations imposed herein. 7. Agreement to be Recorded. Owner and City intend and consent to the recordation of this First Amendment in the office of the County Recorder of the County of San Luis Obispo. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of the day and year first written above. CITY OF ARROYO GRANDE OWNER al A / AIL I STEVEN ADAMS, City Manager TED P. MALLEY ATTEST: KELLY WETMORE, City Clerk APPROVED AS TO FORM: TIMOTHY J. CARMEL, City Attorney 3 State of Cali ornia County oftn �,S 5q o I On Ar \ 1 li , 2p4 beforefle, A . "` • 1 2 , Notary Public, personally appeared t 1f c v_ ! Ac l\ P who proved to me on the basis of satisfactorvevidence to be the person() whose name(4 is/are subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/h r/tti6ir authorized capacities and that his/hbr/tf it signature(+) on the instrument the person( or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my h./c1 .nd official s-1.1. ...;;, .. M.WHITE Commission#2032514 Signature ` _- . v �i/1 (SEAL) g; .di ...`_'' Notary Public-Califorma z ., San Luis Obispo County r L: ' _ ,My Comm. Expires Jul 4,2017 C State of California County of On , 2014 before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities and that his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SEAL) 4 EXHIBIT"A" LEGAL DESCRIPTION Lot 40 of Tract 2265 in the City of Arroyo Grande, County of San Luis Obispo,State of California, as shown on the map recorded in Book 19 of Maps at Page 31 in the Office of the County Recorder of said county. The above described property is shown graphically on Exhibit "B" attached. \,AND a,4��P,NDAL 6,P cf■ rirNs. 7065 9TF OF C 2-19-2014 , EXHIBIT IBIT " B " I Zo 4/6-4„.. 2 , . pco 676, N4723'12"E 47.78' ry 14)2 4o 2Q6 S55-09'44"E 41.91' S ■ 4../. 11/6"5‘O l..) \ �`/ 200 \7)., °O 71rC'� �'7��ii,` BUILDABLE C\ AREA . , TO- 3% 1.00 AC AD T 4T oa X09, ‘,.//\. °. I s o\ v h� O 1 �� TR -1c,39 6 S \ \ N8'55'16"W 182.70' I IN64'10'15"E 84.70' GRAPHIC SCALE 150 0 75 150 300 1 inch = 150 feet ABOVE SCALE: 1"=150' ' /� JOB NUMBER: 14026 — - G" D JRE I OF LOT 40 OF TRACT 2265 PER 19 MAPS 31 DATE 2-19-2014 ENGINEERING IN THE ARROYO GRANDE, COUNTY OF SAN 1304 Bawd Street,San Luis Obispo,CA 93401 LUIS OBISPO, CALIFORNIA phone:1805(540-5115•fa>`(805 540-5116 A&Nab C.p.NIEr.it ois R•!1256 EXHIBIT"C" LEGAL DESCRIPTION That portion of Lot 40 of Tract 2265 in the City of Arroyo Grande, County of San Luis Obispo, State of California, as shown on the map recorded in Book 19 of Maps at Page 31 in the Office of the County Recorder of said county more particularly described as follows: Commencing at the most easterly corner of said Lot 40;thence along the southeasterly line of said Lot 40, South 34°50'43" West, 148.75 feet,thence at right angles North 55°09'17" West, 40.00 feet to the True Point of Beginning;thence at right angles South 34°50'43" West, 179.50 feet;thence at right angles North 55°09'17" West, 242.67 feet;thence at right angles North 34°50'43" East, 179.50 feet;thence at right angles South 55°09'17" East, 242.67 feet to the True Point of Beginning. The above described property contains 1.00 acre and is shown graphically on Exhibit"D" attached. LAND S p,NDAL �'QL l . *' DF C A■\F 2-19-2014 EXHIBIT " D " I I X67 co Z0 Sst(9, N4723'12"E 47.78' Zry T�2 Ap 26 S55'09'44"E 41.91' S ■ a� Ssso O h'3/h6 2s 2N9))„ ^h 1R.% _ BUILDABLE �� � \ AREA > AC, 3% /1/6„. 4 SS. 1.00 AC � I 39 , \ s> �'� ,,� �w°' 2265 \ � .,<, CA i 4.i.oi. 1 . - 22 39 65 . II N8'55'16"W 182.70' \ \ N64'10'15"E 84.70' \ \ GRAPHIC SCALE 150 0 75 150 300 1 inch = 150 feet ABOVE SCALE' 1"=150' JOB NUMBER: 14026 GRADl PLAT BY JRE • El / OF LOT 40 OF TRACT 2265 PER 19 MAPS 31 DATE: 2-192014 ENGINEERING IN THE ARROYO GRANDE, COUNTY OF SAN 1304 Broad Strout,San Luis Obispo,CA 93401 LUIS OBISPO, CALIFORNIA ' phone:1805)540-5115•fax18O5(540-5116 AOfm WC •fibirlos R•MOS