CC 2014-05-13_08.f. Modification Open Space Easement
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF PLOT PLAN REVIEW CASE NO. 14-003;
MODIFICATION OF EXISTING OPEN-SPACE EASEMENT; LOCATION
– 465 CANYON WAY; APPLICANT – TED MALLEY
DATE: MAY 13, 2014
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution approving Plot
Plan Review Case No. 14-003 and accepting a modified Open Space Easement at 465
Canyon Way.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
BACKGROUND:
Location
Subject Property
Item 8.f. - Page 1
CITY COUNCIL
CONSIDERATION OF PLOT PLAN REVIEW CASE NO. 14-003
MAY 13, 2014
PAGE 2
The subject property is Lot 40 of Tract 2265, commonly known as the Village Glen
Subdivision. On December 21, 1999, the Planning Commission adopted Resolution No.
99-1727, approving Vesting Tentative Tract Map No. 2265 and Planned Unit
Development No. 97-563, subject to specific conditions of approval. Condition of
approval #24 required the recordation of open space easements on each of the four
large residential lots within the subdivision, including the subject property. This open
space easement designated building envelopes for each of these sites and prohibited
specific actions being performed outside of the envelopes. The applicant has submitted
an application for plot plan review to modify the building envelope for Lot 40.
Planning Commission
The Planning Commission reviewed the proposed project at the May 6, 2014 meeting
and recommended approval of the proposed project.
ANALYSIS OF ISSUES:
The proposed project will amend the open space easement on the subject property to
change the configuration of the designated building envelope. The subject property
currently has a building envelope that is generally square in nature (Attachment 1). The
proposed building envelope would result in a more rectangular building site (Attachment
2). The proposed building envelope would allow for additional development on the Lot
but would significantly reduce the amount of grading required on portions of the hillside
behind the existing residence. The change in the building envelope would result in
increased visual presence of new construction on the hillside. With the existing building
envelope, new construction would be located behind the existing residence, when the
property is viewed from Canyon Way. Under the proposed building envelope, new
construction would be located on the side of the existing residence when viewed from
Canyon Way. Notwithstanding the increased visual presence, staff supports the
modification to the open space easement due to the significantly reduced grading of the
hillside resulting from the proposed building envelope.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution approving Plot Plan Review Case No. 14-003 and
accepting the modified Open Space Easement;
2. Modify and adopt the attached Resolution approving Plot Plan Review Case No.
14-003 and accepting the modified Open Space Easement;
3. Do not adopt the attached Resolution and instead provide direction for staff to
return with an appropriate resolution denying Plot Plan Review Case No. 14-003
and rejecting the modified Open Space Easement; or
4. Provide direction to staff.
Item 8.f. - Page 2
CITY COUNCIL
CONSIDERATION OF PLOT PLAN REVIEW CASE NO. 14-003
MAY 13, 2014
PAGE 3
ADVANTAGES:
The proposed project would result in a modified building envelope for the subject
property, which would allow for further development with much less grading than would
be necessary with the configuration of the existing building envelope. Additionally,
conditions of approval have been included in the attached Resolution that require the
applicant to make an offer of dedication for pedestrian access along the subject
property’s portion of Canyon Way, which is identified in the Conservation/Open Space
Element of the General Plan under C/OS3, which states:
“Plan for a well-maintained system of footpaths and non-vehicular trails that provide
access to areas of non-urban environment”.
DISADVANTAGES:
The modified building envelope would result in more visual presence of future
construction on the hillside on the side of the existing residence.
ENVIRONMENTAL REVIEW:
Staff has reviewed the proposed project in accordance with the California
Environmental Quality Act (CEQA) and has determined that the project is categorically
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.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted at City Hall on Thursday, May 8, 2014 and the agenda and
staff report were posted on the City’s website on Friday, May 9, 2014. No comments
have been received.
Item 8.f. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING PLOT PLAN REVIEW
CASE NO. 14-003 AND ACCEPTING A MODIFIED OPEN
SPACE EASEMENT; 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 at the approval of the City Council; 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 of the City of Arroyo Grande reviewed the project
at a regular meeting on May 6, 2014 and recommended the City Council approve the
proposed project; 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 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 City Council finds, after due study and deliberation, 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.
Item 8.f. - Page 4
RESOLUTION NO.
PAGE2
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 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 reducing grading
necessary for further development of the subject property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves 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 authorizes 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 City Council on May 13, 2014 and as shown in Exhibit "B",
attached hereto and incorporated herein by this reference as though set forth in full.
On motion by Council Member ____ , seconded by Council Member ___ , and
by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 13th day of May, 2014
Item 8.f. - Page 5
RESOLUTION NO.
PAGE 3
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.f. - Page 6
RESOLUTION NO.
PAGE4
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 "8".
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 subject to approval
of 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.
Item 8.f. - Page 7
RECORDING REQUESTED
BY WHEN RECORDED
RETURN TO:
City Clerk
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
EXHIBIT B
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\") is entered into on this __ 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. 2000-04 7633 (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
Item 8.f. - Page 8
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 ofBuildable 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 in Exhibit "B-1'' and depicted in Exhibit "B-2" both of which are
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
Item 8.f. - Page 9
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
TONY FERRARA, Mayor
ATIEST:
KELLY WETMORE, City Clerk
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, City Attorney
OWNER
3
Item 8.f. - Page 10
State of California
County of 5nrl t..--IJ t'7 °~ f '7 P 0
On CJ ( '7 , 2014 before me, 0ft-{Lc A--· r:rv 0
L.L--, Notary Public, personally
appeared JF. D p. &1 A-'-LI~'t 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/sj::re/tAey executed the
same in his/?er/tpeir authorized capacities and that his/t")er/t~ir signature($} on the instrument
the person~) or the entity upon behalf of which the person~ 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 d and official s
State of California
County of _______ _
C81! A Knoll
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
Item 8.f. - Page 11
Exhibit "A"
Legal Description
Parcel 1:
Lot 40 of Tract No. 2265, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to map recorded August 23, 2000 in Book 19, Page 31 of Maps, in the
Office of the County Recorder of said county.
Parcel 2:
A non-exclusive appurtenant easement for use, enjoyment, ingress, egress, support,
maintenance, upon, over, under and across Lots 37 and 38 of Tract 2265, the servient
tenement, and designated on the map as "Easement Note 1"
Parcel3:
A non-exclusive appurtenant easement for use, enjoyment, ingress, egress, support,
maintenance, upon, over, under and across Lots 37 and 38 of Tract 2265, the servient
tenement, and designated on the map as "Easement Note 3"
Parcel 4:
An easement for private access and private drainage along with any appurtenances and
incidental uses, across a portion of Parcel 2 of Parcel Map No. COAL-86-098, in the County of
San Luis Obispo, State of California, according to map recorded in Book 41, Page 40 of Parcel
Maps, in the Office of the County Recorder of said county, according to Easement Grant Deed
recorded July 6, 2000 as Instrument No. 2000-037511 of Official Records. Said easement is for
the benefit and appurtenant to Lots 39 and 40 of Tract 2265 and other property.
APN: 007-070-008
5
Item 8.f. - Page 12
EXHIBIT "B-1"
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 "B-2"
attached.
5-7-2014
Item 8.f. - Page 13
EXHIBIT "B-2"
N47.23'12"E 47.78'
N8.55'16"W 182. 70'-~
ABOVE~
,c=GRAEE1
ENGINEERING
1304 Broad Street, San Luis Obi~ CA 93AO 1
phone:IB05l540-sns • Fax:(sosf 540-5116
A~~·IIXII ... fEf51Z56
-~-
N64.1 0'15"E 84. 70'
GRAPHIC SCALE
150 0 75 1~0 300
jMo-aj -----• I 1 inch -150 feet
PLAT
OF LOT 40 OF TRACT 2265 PER 19 MAPS 31
IN THE ARROYO GRANDE, COUNTY OF SAN
LUIS OBISPO, CALIFORNIA
SCALE 1"_=.0...:15=-0' ____ _
JOB NUMBER: -'--'14=02='6 __ _
BY: =JR='E ______ _
DATE -=-5-.:.....;1·2=0-'-'14'---------
Item 8.f. - Page 14