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O 643 ORDINANCE NO. 643 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING�SECTION 16.20.140 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING LOT LINE ADJUSTMENTS WHEREAS, Government Code Section 66412(d) exempts a lot line adjustment between "four or � fewer existing adjoining parcels" from the requirements of the Subdivision Map Act ("SMA"); and � WHEREAS, the City Council of the City of Arroyo Grande ("City") recognizes that in 2001, the California legislature amended Government Code Section 66412(d) from "two or more" parcels to "four or fewer" thus evidencing an intent to limit lot line adjustments; and WHEREAS, the City Council finds that inconsistencies and ambiguities exist in the language of Government Code Section 66412(d) in relation to the other provisions of the SMA which require the filing of a tract map for any subdivision of five (5) or more parcels; and WHEREAS, the City Council further finds that "serial" lot line adjustments on adjacent parcels are a de facto subdivision of five (5) or more parcels thus falling within the requirements of the SMA and Section 16.20.060 of the City's Municipal Code; and WHEREAS, the City Council further finds that the health, safety and welfare of the community require regulation of a sequence of separate or "serial" lot line adjustments involving more than four (4) adjoining parcels in a manner which is consistent with the SMA. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. Subsection 16.20.140.A of the Arroyo Grande Municipal Code is hereby amended as follows: A. Applicability. Subject to subsection 16.20.140.E, any affected property owner desiring a lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjacent parcel, and where the number of parcels remains the same or is reduced and improves an existing situation, shall file an application for a lot line adjustment with the community development depa�tment. . SECTION 2. Subsection 16.20.140.E is hereby added to the Arroyo Grande Municipal Code as follows: E. This section is intended to prevent serial lot line adjustment applications of more than four (4) adjacent lots. 1, The total number of lots involved in any proposed lot line adjustment plus all lots that have been adjusted within the five (5) years preceding the proposed lot line adjustment application that are under common ownership or control and that adjoin any of the lots involved in the proposed lot line adjustment may not exceed four (4) lots. ORDINANCE NO. 643 PAGE 2 2, No lot that has previously been adjusted may be part of a subsequent lot line adjustment if it would result in more than four (4) adjoining lots being adjusted within a five (5) year time period. SECTION 3. If any section, subsection, subdivision, paragraph, sentence, or clause of this . Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed. Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption. On motion of Council Member Brown, seconded by Council Member Ray, and on the following roll call vote to wit: �AYES: Council Members Brown, Ray, Costello, Guthrie, and Mayor Ferrara NOES: None ABSENT: None The foregoing Ordinance was adopted this 14�'day of February 2012. ORDIiVANCE RIO. (�� � � . PAGE 3 � TONY FER MAYOR . � ATTEST: KELLY W TM E, CITY CLERK � APPROVED AS TO CONTENT: � STEVEN ADAMS, CITY MANAGER � . . APPROVED AS TO FORM: � , ��� . �TIM� HY J MEL� CITY ATTORMEY � � . � � � � 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 is a true, full, and correct copy of Ordinance No. 643 which was � � introduced at a regular meeting of the City Council/Redevelopment Agency on . � � January 24, 2012; was passed and adopted at a regular rrieeting of the �City � � Council of the City of Arroyo� Grande on the 14�' day of February 2012; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16�' � day of February 2012. � KELL WE ORE, CITY CLERK �