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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Vesting Tentative Parcel Map Case No. 05 -001 and Minor Exception Case No. 05 -006 is hereby vacated, set aside, and rescinded. RESOLUTION NO. 4273 PAGE 2 BE IT FURTHER RESOLVED that Resolution No. 4251 is hereby repealed in its entirety.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