Loading...
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 PAGE 5 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