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R 3256 , RESOLUTION NO. 3256 A RESOLUTION OF THE CITY OF ARROYO GRANDE CITY COUNCIL ADOPTING A NEGATIVE DECLARATION; INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION AND APPROVING LOT LINE ADJUSTMENT CASE NO. 97-543 AND CERTIFICATE OF COMPLIANCE CASE NO. 97-546, LOCATED AT 617 & 621 ASILO, APPLIED FOR BY CASTLEROCK DEVELOPMENT WHEREAS, the City Council of the City of Arroyo Grande has held a public hearing on Lot line Adjustment Case No. 97-543 and Certificate of Compliance Case No. 97-546 in accordance with City Code; and WHEREAS, the City Council has found that these projects are consistent with the General Plan and the Environmental Documents associated therewith; and WHEREAS, the City Council has reviewed these projects in compliance with the California Environmental Ouality Act (CEOA), the CEOA guidelines, and the City's Rules and Procedures for the Implementation of CEOA;.and WHEREAS, said projects were referred to the City Council, by various City Departments and the Staff Advisory Committee; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: This Lot line Adjustment will not: 1. Create any new lots. 2. Include any lots or parcels created illegally. 3. Impair any existing access or create a need 'for access to any adjacent .. lots or parcels. 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning develoPf11e~t standards. 6. Require substantial alteration of aflY existing improvements or create a need for any new impro\(ements. 7. Create a non-conforming lot in the PD 1.2 zoning district. Department of Fish and Game Required Findings 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Lot line Adjustment Case No. 97-543. ------ ----_.__._....~-- - ---.----.-----".- ~- , Resolution NO.3256 Page 2 of 3 . . . 2. Based on the initial study, a negative declaration was prepared for review by the public and reviewed and approved by the City Council. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council considered the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish. and Game Code or on the habitat upon which the wildlife depe':1ds as a result of development of this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a negative declaration, instructs the City Clerk to file a Notice of Determination, and approves Lot Line Adjustment Case No. 97-543 and Certificate of Compliance Case No. 97-546, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion by Councilmember Lady , seconded by Council member R.rels, and by the following roll call vote, to wit: AYES:Council Members Lady, Runels, and Mayor Dougall NOES: None ABSENT:Council Member Fuller ABSTAIN: Council Member Tolley the foregoing Resolution was adopted this 25th day of November, 1997. ~~ ArrEST: , Resolution No. ,3256 Page 3 of 3 . . . APPROVED AS TO FORM: ~~~crTY ATTORNEY APPROVED AS TO CONTENT: ~T L, ltWJI ROBERT L. HUNT, CITY MANAGER I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the following Resolution No. 3256 is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 25th day of November, 1997. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 1st day of December 1997. 11 . c(. ~ NANC~'S, CITY CLERK . -~._,-_._- , ATTACHMENT "AM CONDITIONS OF APPROVAL . LOT LINE ADJUSTMENT CASE NO. 97-543 CERTIFICATE OF COMPLIANCE CASE NO. 97-546 Castlerock Development 617 & 621 Asilo COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the reconfiguration of two (2) residential lots and filing of Certificates of Compliance. 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 Case No. 97-543 and Certificate of Compliance 97-546. 3. This application shall automatically expire on November 25, 1999 unless the Lot Line Adjustment is finaled and the Certificates of Compliance filed. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the attached Exhibits "A" and "8". 5. The applicant shall, as a condition of approval of this project, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. DEVELOPMENT CODE 6. Development shall conform to the PD 1.2 requirements except as otherwise approved. 7. The 'developer shall comply with Deveropment Code Chapter 9-04,' "Land - , Divisions" . 8. The developer shall comply with . Development Code Chapter 9,,14, "Dedications, Fees and Reservations." ~- , PUBLIC WORKS DEPARTMENT . . All Public Works Department conditions of approval as listed below are to be complied with prior to the development of any parcel, unless specifically noted otherwise. SPECIAL CONDITIONS 9. The applicant shall verify the location of existing water and sewer laterals and provide easements, if necessary, as determined by the Director of Public Works. 10. The applicant shall pay the appropriate fees to check the Certificates of Compliance as determined by the Director of Public Works. - . , , RECORDING REQUESTED BY C1TY OF ARROYO GRANDE . . . WHEN RECORDED, RETURN TO: I Director of Public Works I ; 208 E. Branch Street Arroyo Grande, California 93420 Ann: . APN(s): PROJECT NO: FILE NO: c~ ~....a~~ i~o~-." ~~~} CERTIFICATE OF COMPLIANCE - 1!I!!fI!II!I a .~ oM........ :~ LOT LINE ADJUSTMENT ~"a..~ --..- The following real property and the reconfiguration thereof into ONE (1) PARCEL as of the date of recordation of this document, has been determined to be in compliance with the applicable provisions of the subdivision Map Act of the State of California and local ordinance enacted pursuant thereto. Said real property is a parcel which is the result of Lot Line Adjustment AG AL approved by the Planning Commission on . The parcel CAN NOT be sold in units other than those described herein, without first having complied with all requirements of the State Subdivision Map Act and the City's Municipal Code. As described in Exhibit A attached to tit is -certificate and incorporated herein as if set forth in fit/I. . RECORD OWNER(S): John L. Wallace~ Director of Public Works By: Craig Campbell, Assistant Director of Public Works On this _ day of , in the year 1997, before me, , Notary Public personally ~~ . . - ~rsonal1y known to me (or proved to me on the basis of satisfactory STATE-OF CALIFORNIA ) evidence) to be" the person whose naine is subscribed to the within instrument and acknowledged to me that he executed the same in his COUNTY OF SAN LUIS OBISPO ) authorized capacity and that by signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and otlicial seal. i Notary Public (~EAL) Name Printed ---- EXHIBIT MB" -- , APN(S): . PROJECT NO: PARCEL NO: EXHIBIT A Legal Description PARCEL 1 A portion of Lots 133 and 134 of Tract 1834 Unit 2, in the City of Arroyo Grande, County of San Luis Obispo, State of California, as shown on map recorded on October 7, 1996 in Book 17 of Maps, at page 81 in the office of the County Recorder of said county, being more particularly described as follows: Beginning at a three quarter inch iron pipe with tag stamped LS. 6729, said point being a point on the easterly Right of Way line of Asilo and a common corner of Lots 132 and 133 as shown on said map; Said point also being the TRUE POINT OF BEGINNING. Thence, along said Right of Way line, N 25000'00" E 15.53 feet to a three quarter inch iron pipe with tag stamped L.S. 6729 as shown on said map, said point being the beginning of a tangent curve concave to the northwest, having a radius of 136.00 feet; Thence, continuing northerly along said Right of Way line on said curve 73.26 feet through a central angle of 30051'54" to a point on said Right of Way line; Thence, leaving said Right of Way line N 65039'59" E 124.77 feet; Thence, N 89037'25" E 53.78 feet to a point on the northerly line of Lot 133; Thence, along the northerly line of Lot 133, N 65017'42" E 148.01 feet to a three quarter inch iron pipe with tag stamped L.S~ 6729 as shown on said map, being a common corner of Lots 133 and 222; Thence, along the easterly line of Lot 133, S 25008'37" W 315.88 feet to a three quarter inch iron pipe with tag stamped L.S. 6729 as shown on said map, being a common corner of Lots 132 and 133; . Thence~ along the ~outherly line of Lot 133, N 65000'00" W 205.57 feet to the TRUE POINT OF BEGINNING. ---'-'."'-'-~ -- , I APN(S): i . PROJECT NO: PARCEL NO: EXHIBIT B MAP . \~ \A . EXHIBIT B . \ LOT LINE ADJUST).{EN1' \ \ \ ~ . ACAL 97-162 \ \ "'0 '::.. BCINC A tor LINC AD.NShltN' 11ft tOI . \ \ \ ...... ~ tlNC <<'/lCCN tOIS .JJ ,,-"If) Ij4 lJI' "":1 _'\ 14J4 IINtf' IN H "f' lJI' NIRO."" (;IrAN/)(. \ \ \ COIINf,. or SAN un C>>~ Sf"1C or \ CA,'C/iNI" AS SHUNt ()N "'" WC/JRtICfJ \ IN IIO()I( '7 lJI' I/"'So A 1 rACt ,.. \ ~ CONfAINS '.IS ACMS f'~UI SF) C!I1SIINC IS' \ \ . l)ilAJ"ACC (A$CutNI ---I 2' L- lJflS11NC'0 w"reR PIR 17..,/1-/11 S I "",---IAS!utNl MIfJ I1JC I /,0' I I """ 134 I I \ ~~, I I ;~;:. I I \ I I I I \ NiS'17'Jrl :!~S()I' 1'/'7 .\ :/ J// / / / . /" / / // /// ...,.// / .)1< / ~r!~~~ 222 ../ ..~.*. ,/ ,j , " , ,. '".i ~/' ~~. " / "', ... . /' ~ ' /" >/ ~...~y II"~ / ~'f-./ 7' 'x' . ,,- }.(c).IiJlan , ...,- , tAND SI/IIYf rS , ....,,,,"'/' bL'"~ III! _J!' ,-' ~:..,t: ,.. .'eI- I"" ~ .atfl ,...~......,. ...... ..." _.,.fJ- ,..~._, Me ...._ ..., _... --_._" . . . .-. ...."..,. . . ---..----..-- , APN(S): PROJECT NO: . PARCEL NO: OWNER SIGNATURE PAGE .OWNER(S) STATE OF ) On this day of November in the year 1997 before me, , a Notal}' Public, personally COUNTY OF ) appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribc:d to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature( s) on the instrument the .Rerson or the entity upon behalf of which the person(s) or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and oflicial seal. (SEAL) Notary Public OWNER(S) . STATE OF ) On this day of November in the year 1997 before me, , a Notary Public, personally COUNTY OF ) appeared personally known to me (or 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/theyex<<uted the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person or the entity upon behalfofwhich the person(s) or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and oOicial seal. (SEAL) Notary Public ~-_._-- - -'--""~'--'''''''---'' ^ , RECORDING REQUESTED BY CITY OF ARROYO GRANDE . . WHEN RECORDED, RETURN TO: Director of Public Works 208 E. Branch Street Arroyo Grande, California 93420 Attn: APN(s): PROJECT NO: FILE NO: ~ ~..o.o 0' C'. CERTIFICATE OF COMPLIANCE ~ ~ ""'........ ~ ;; J!I!SII!t ~ . M........ . LOT LINE ADJUSTMENT ~~ <fc 'I 0,,10' .~ The following real property and the reconfiguration thereof into ONE (1) PARCEL as of the date of recordation of this document, has been determined to be in compliance with the applicable provisions of the subdivision Map Act of the State of California and local ordinance enacted pursuant thereto. Said real property is a parcel which is the result of Lot Line Adjustment AG AL approved by the Planning Commission on . The parcel CAN NOT be sold in units other than those described herein, without first having complied with all requirements of the State Subdivision Map Act and the City's Municipal Code. As described in Exhibit A attaclted to this certificate and incorporated herein as if set fortlt in fllll. . . RECORD OWNER(S): John L. Wallace~ Director of Public Works By: Craig Campbell, Assistant Director of Public Works On this _ day of , in the year 1997, be:lore: me:. . Notary Public pe:rsonally appeared . persorially known to me (or proved to me on the basis of satisfactory STATE OF CALIFORNIA ) evidence) to be the person whose name is su~ribed to th~ .within" instrument and acknowledged to me that he executed the sam~ in his COUNTY OF SAN LUIS OBISPO ) authorized capacity and that by signature on the instrument the person or the: entity upon b~half of which the person acted, executed the instrume:nt. ' Wilne:ss my hand and official se:al. Notary Public (SEAL) Name Printed , i . APN(S): PROJECT NO: PARCEL NO: EXHIBIT A Legal Description PARCEL 2 A portion of Lot 134 of Tract 1834 Unit 2, in the City of Arroyo Grande, County of San Luis Obispo, State of California, as shown on map recorded on October 7, 1996 in Book 17 of Maps, at page 81 in the office of the County Recorder of said county, being more particularly described as follows: Beginning at a three quarter inch iron pipe with tag stamped L.S. 6729, said point being a point on the easterly Right of Way line of AsHo and a common corner of Lots 134 and 135 as shown on said map; Said point also being the TRUE POINT OF BEGINNING. Thence, along the northerly line of Lot 134 N 48005'00" E 294.43 feet to a three quarter inch iron pipe with tag stamped L.S. 6729 as shown on said map, being a common corner of Lots 134 and 135; Thence, along the easterly line of Lot 134, S 55031'43" E 101.71 feet to a half inch iron pipe with tag stamped LS. 3228 as shown on said map, being an angle point in the easterly line of Lot 134; Thence, continuing along the easterly line of Lot 134, S 55037'06" E 124.71 feet to.a half inch iron pipe with tag stamped LS. 3228 as shown on said map, being a common corner of Lots 134 and 222; Thence, along the southerly line of Lot 134, S 65017'42" W 225.01 feet; Thence, leaving said southerly line of Lot 134, S 89037'25" W 53.78 feet; Thence, S 65039'59" W 124.77 feet to a point on the easterly Right of Way line of Asilo, also being a point on a curve concave southwesterly, having a radius of 136.00 feet, to which point a radial line bears N 84008'06" E; Thence, following said Right of Way line along said curve northwesterly 85.57 feet, through a cefltral angle of 36003'06" to the TRUE POINT OF BEGINNING. "'----~ - , t\PN(S): - - PROJECT NO: . PARCEL NO: . EXHIBIT B MAP . EXHIBIT B C>>SIINC la' Pt.IC . LOT LINE ADJUSTAlEN7' PCII I1-IIS-4' '- . "-. \ \ or, ACAL 97-162 ~ \ 'c.~ BtINC ~ lOT lINC AMlSI6/CNT IIIC lDT \ .,... l/NC "T/lCCN lDTS IJJ AND IJ4 tJI!: '''ACT \ \ -::....,:. IIJ4 _T :1 lit TllCD" tI' tIMID'.., c:.rANDt. \ \ \ '\ CQJHTr or $AN ILfS OPSPC. Sl~ I[' ()I" . CNoIf"(J/(NIA AS $IID- tIN IIAP KOJ//OCO lit '"'" " or~:. AT PAa 'I'. ) ~ CONTAINS 3.1' ~CJI(S (o/J.- SF). C.o$IINC :1$'. \ \ fill_ACE tA~AlCNT ---I ,. L- CPSIINC:/O' w~TC" Pl.II 11_,,'_8,:1J CASEMENT,AN() PUC I I ;>,0 I I \ 134 I I \ -;.~. . I I ~..~. I I \ .. '" I I \ Nfj'17'#]-( .:'." ~,' \ I~ 1/ J / / / // // ../ // ../ _4,," ~ ..)~.: /" .oO'.-'fb :;122 / ~~',~' - / " ,,/ I , / ,0 ./' . .. /' . / .,,;y . '\ /" ~.. >- ",""~ I ./ )/ IX' . fI;!lV ; }.lc}.li11an " y' I AND SUIh'! rS ... ,-' 0'/ ~!..!"2--~ -~ 'v'. .:":.atr: ,. .. .fIIi. ,,,. -. ..", .. ... __ re .- ,.." ....., .,. ,.., ",...., 1M ........ ...., t-'" -- - ..' . .. ....".,. - _'0 - , I i I -.--.. , APN(S): PROJECT NO: PARCEL NO: . . OWNER SIGNATURE PAGE OWNER(S) STATE OF ) On this day of November in the yc:ar 1997 ~tore me, , a Notary Public, personally COUNTY OF ) appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscri~d to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person or the entity upon behalfofwruch the persqn(s) or the entity upon behalt"ofwhich the person acted, executed the instrument. Witness my hand and oflicial seal. (SEAL) Notary Public OWNER(S) . STATE OF ) On this day of November in the year 1997 before me, , a Notary Public, personally COUNTY OF ) appeared personally known to me (or proved to me on the basis_of satisfactory evidence)to be the person(s) whose namc:(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they ex~uted . the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the -instrument the person or the entity upon behalf ofwhi!:h the person(s), or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and oflicial seal. I (SEAL) Notary Public