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 �