R 4273 RESOLUTION NO. 4273
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE VACATING, SETTING ASIDE AND RESCINDING THE
APPROVAL OF A MITIGATED NEGATIVE DECLARATION,
VESTING TENTATIVE PARCEL MAP CASE NO. 05-001 AND
MINOR EXCEPTION CASE NO. 05 -006 (605 EMAN COURT)
WHEREAS, on July 7, 2009, the Planning Commission of the City of Arroyo Grande,
after a duly noticed public hearing, adopted Resolution 09 -2085 approving a Mitigated
Negative Declaration, Vesting Tentative Parcel Map No. 05 -001 and Minor Exception
Case No. 05 -006 (collectively the "project "), applied for by DeBlauw Builders, Inc.
( "DBI "); and
WHEREAS, an appeal of the Planning Commission decision was filed by Chris
Diedrichsen on July 17, 2009; and
WHEREAS, on August 25, 2009, at a duly noticed public hearing the City Council
considered the appeal; and
WHEREAS, consideration of the appeal was continued to a date uncertain by the City
Council, pending recirculation of the Initial Study and Mitigated Negative Declaration;
and
WHEREAS, after recirculation and revision of the Initial Study and Mitigated Negative
Declaration, the project was re- noticed and rescheduled for consideration by the
Council on December 8, 2009, at which time the project was continued to February 9,
2010, pending additional project referrals; and
WHEREAS, on February 9, 2010, the City Council adopted Resolution No. 4251
denying the appeal and upholding the Planning Commission's approval of the project;
and
WHEREAS, on March 26, 2010 a Petition for Writ of Mandate was filed by the appellant
challenging the project approvals (the "lawsuit "); and
WHEREAS, on April 8, 2010, a letter was received from the legal representative of DBI
requesting that the City rescind its approval of the project as a result of the overall
economic climate, the cost of meeting the project conditions of approval, and the cost of
defending the lawsuit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, that the approval of the Mitigated Negative Declaration, Vesting Tentative
Parcel Map Case No. 05 -001 and Minor Exception Case No. 05 -006 is hereby vacated,
set aside, and rescinded.
RESOLUTION NO. 4273
PAGE 2
BE IT FURTHER RESOLVED that Resolution No. 4251 is hereby repealed in its
entirety.
On motion of Council Member Costello, seconded by Council Member Fellows, and by
the following roll call vote, to wit:
AYES: Council Members Costello, Fellows, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: Council Member Arnold
the foregoing Resolution was passed and adopted this 2fi day of April 2010.
RESOLUTION NO. 9 a.'7 3
PAGE 3
/
TONY a ir''', MAYOR
ATTEST: //'' ,,,,
l�l�
KELLY W M , CITY CLERK
APPROVED AS TO CONTENT:
ST N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM ` tHY RMEL, CITY ATTORNEY
FROM BELSHER & BECKER 805 -542 -9949 (THU)APR B 2010 15:22/ST. 15:22/No. 6820429692 P 1
ATTACHMENT 1
John W. Belsher I 1 al ph: 80
Howard M. Becker fax: 80 5 - 54 2- 9949
Steven P. Roberts 1 info@bbrlawfirm.com
Gregory A. Connell Belaher,Beclzer R. "L 1 www.bbrlawfirm.com
ATTORNEYS AT LAW
412 Marsh Street
San Luis Obispo, CA 93401
April 8, 2010
VIA FAX 805 - 546 -8015
Timothy J. Carmel
CARMEL & NACCASHA LLP
Post Office Box 15729
San Luis Obispo, CA 93401
RE: Vesting Map 05 -001 & Minor Exception 05 -006 (DeBlauw Project)
Dear Mr. Carmel:
This firm represents the DeBlauw family interests, who are the applicants and owners for
the above - referenced project.
I am advised that my client and the City have been served with a petition for writ of
mandate, brought by a neighborhood association and Chris Diedrichsen, who lives adjacent to the
project (the "Petition "). I have not read the Petition nor evaluated its claims in any way. The
decision of my client set forth herein is independent of the possible merit of any such claims.
Due to the overall economic climate, the cost of meeting the conditions of approval and the
cost of defending the Petition, my client will take no action to implement the DeBlauw Project and
hereby requests the City rescind the approvals of the referenced entitlements, including
certification, approval or findings as to any related CEQA document or determination.
We request that you advise the Petitioners' attorney of this request and inform him that no
legal defense or counter - attack on his client is planned or anticipated, unless the Petitioners'
attomey insists on moving forward in the face of this notice and incurs additional fees after this
notice (in which case his efforts and request for fees will be vigorously opposed).
My client and I appreciate your efforts on behalf of the City.
Sincerely,
BELSHER, BECKER & ROBERTS
Joh . Belsher
JWB /ab
cc: Duane DeBlauw
P'Vohn's Files\DeBlauw Famlly\Carmel 04 08 10.wpd
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. 4273 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of
Arroyo Grande on the 27 day of April 2010.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29 day of
April 2010.
KIT DEPUTY CITY CLERK