R 4745RESOLUTION NO. 4745
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT
NO. 16-001; LOCATED AT 1271 JAMES WAY; APPLIED
FOR BY RUSS SHEPPEL
WHEREAS, on March 24, 2015, the City Council adopted Resolution No. 4651 approving
Amended Conditional Use Permit 15-001, Variance 15-001 and Lot Merger 15-001 for the
development of 1.8 acres for an approximately 55,000 square -foot, 70 -bed assisted
living/memory care facility and sixteen (16) independent living units on real property,
located at 1271 James Way, Arroyo Grande, CA (the "subject property"); and
WHEREAS, Russ Sheppel (the "applicant") has filed Lot Line Adjustment 16-001 to
modify property lines to allow for the approved development in place of Lot Merger 15-
001 due to financing constraints associated with the merger; and
WHEREAS, the Planning Commission of the City of Arroyo Grande reviewed the project
on July 5, 2016 and recommended the City Council adopt a Resolution approving the
proposed Lot Line Adjustment; and
WHEREAS, the City Council 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 finds the project to be
categorically exempt per Section 15305(a) of the CEQA Guidelines regarding minor lot
line adjustments not resulting in the creation of any new parcel; and
WHEREAS, the City Council reviewed and considered the project at its meeting on July
26, 2016; and
WHEREAS, the City Council finds, after due study and deliberation, the proposed lot line
adjustment does not:
1. Create any new lots;
The proposed lot line adjustment will merge two lots and adjust the lot line
of a third lot, but no new lots will be created.
2. Include any lots or parcels created illegally;
All lots associated with Lot Line Adjustment 16-001 were legally created
and therefore the project will not include any lots created illegally.
3. Impair any existing access or create a need for access to any adjacent
lots or parcels;
RESOLUTION NO. 4745
PAGE 2
Access to the property exists from James Way and no new access is
required.
4. Impair any existing easements or create a need for any new easements
serving adjacent lots or parcels;
The proposed lot line adjustment does not impair existing easements or
create a need for any new easements serving adjacent lots. While the
subsequent development will result in the need for new easements to be
recorded, they are not required as part of the proposed project and are
conditioned to be recorded with the lot line adjustment.
5. Constitute poor land planning or undesirable lot configurations due to
existing environmental conditions or current zoning development
standards;
The proposed lot line adjustment will not constitute poor land planning or
undesirable lot configurations.
6. Require substantial alteration of any existing improvements or create a
need for any new improvements;
The proposed lot line adjustment does not require the alteration of any
existing improvements nor create a need for any new improvements.
7. Create a nonconforming lot in the development district in which it exists,
except as allowed in Municipal Code Section 16.48.110
The lots resulting from the proposed lot line adjustment will meet all
applicable development standards for the Office Mixed Use zoning district.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Lot Line Adjustment 16-001, as presented to the City Council on
July 26, 2016 as shown in Exhibit "B", attached hereto and incorporated herein by this
reference, with the above findings and subject to the conditions as set forth in Exhibit "A",
attached hereto and incorporated herein by this reference.
On motion by Council Member Guthrie, seconded by Council Member Harmon, and by
the following roll call vote, to wit:
AYES: Council Members Guthrie, Harmon, Brown, Barneich, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 26th day of July, 2016.
RESOLUTION NO. q745
PAGE 3
JI HILL, MAYOR
ATTEST:
KELLY ET ORE, CITY CLERK
APPROVED AS TO CONTENT:
GEOFF ENGLISH, ACTING CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
RESOLUTION NO. 4745
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT CASE NO. 16-001
1271 JAMES WAY
This approval authorizes the adjustment of interior lot lines between parcels in order to
accommodate entitled development.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
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 Lot Line Adjustment
No. 16-001. Additionally, the applicant shall comply with all applicable conditions of
approval for Resolution No. 4651, as determined by the Community Development
Director.
3. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of July 26, 2016 and marked Exhibit "B".
4. The applicant shall agree to indemnify, defend and hold harmless 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.
ENGINEERING DIVISION
5. The applicant shall submit all information required by Municipal Code Section
16.20.140.
6. The applicant shall pay processing and plan check fees at the time they are due.
7. The applicant shall have a licensed land surveyor in the State of California prepare
the final documents.
8. The applicant shall complete the lot merger and lot line adjustment via map, with
all necessary easements for the development of Amended Conditional Use Permit
RESOLUTION NO. 4745
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15-001 included at time of map recordation, to the
Engineer. These easements include, but are not
easements, reciprocal access easements, emergency
parking easements.
satisfaction of the City
limited to, public utility
access easements, and
9. A current (within the last six (6) months) preliminary title report shall be submitted
to the Community Development Director prior to checking the final documents.
10. The applicant shall furnish a certificate from the tax collector's office indicating that
there are no unpaid taxes or special assessments against the property.
11. Any review costs generated- by outside consultants shall be paid by the applicant.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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. 4745 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 26th day of July, 2016.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 1st day of
August, 2016.
WI,ilt/t691-C—
KELLY W MO , CITY CLERK