R 3661
RESOLUTION NO. 3661
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE INSTRUCTING THE DIRECTOR OF
ADMINISTRATIVE SERVICES TO FILE A NOTICE OF
EXEMPTION AND APPROVING LOT LINE ADJUSTMENT
02.005; LOTS 1 AND 37 OF TRACT 2265; APPLIED FOR
BY STEPHEN HUACK
WHEREAS, the applicant has applied for Lot Line Adjustment 02-005 involving Lots 1
and 37 of Tract 2265; and
WHEREAS, Lot 37, excepting the portion designated as "buildable area", is part of an
Open Space Agreement entered into by the City of Arroyo Grande ("City") and Village
Glen Homes, LLC on May 14, 2001; and
WHEREAS, after due study, the Planning Commission recommended the City Council
approve Lot Line Adjustment 02-005 and enter into an Open Space Agreement with the
applicant; and
WHEREAS, on March 11, 2003, the City Council of the City of Arroyo Grande held a duly
noticed public hearing to consider Lot Line Adjustment 02-005 in accordance with City
Code; and
WHEREAS, the City Council reviewed and considered the information and public
testimony presented at the public hearing, the staff report and other infonnation that are
part of the public record; and
WHEREAS, the City Council has reviewed this project in compliance with the Califomia
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 Categorically Exempt per Section 15305(a) of the CEQA Guidelines; and
WHEREAS, the City Council finds. after due study, deliberation and public hearing, the
following circumstances exist:
1. The proposed Lot Line Adjustment does not create any new lots.
2. The proposed Lot Line Adjustment does not contain any illegally created lots.
3. The proposed Lot Line Adjustment does not impair any existing access or
create a need for access to any adjacent lots or parcels.
4. The proposed Lot Line Adjustment does not impair any existing easements or
create a need for any new easements serving adjacent lots or parcels.
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RESOLUTION NO. 3661
PAGE 2
5. The proposed Lot Line Adjustment does not constitute poor planning or
undesirable lot configurations due to existing environmental conditions or
current zoning development standards.
6. The proposed Lot Line Adjustment does not require substantial alteration of
any existing improvements or create a need for any new improvements.
7. The proposed Lot Line Adjustment does not create a non-confomling lot in the
development District in which it exists.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande hereby approves Lot Line Adjustment 02-005, 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. Dickens, seconded by Council Member Runels, and on
the following roll-call vote, to wit:
AYES: Council Members Dickens, Runels, Lubin, Costello and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1111> day of March, 2003.
RESOLUTION NO. 3661
PAGE 3
_~,MA. ./
TONY M. FE I MAYOR
ATTEST:
!AiL <?ut/YI-X-
E, ADMINISTRATIVE SERVICES DIRECTOR!
DEPUTY CITY CLERK
- '-
APPROVED AS TO CONTENT:
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STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
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RESOLUTION NO. 3661
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT 02.005
LOTS 1 AND 37 OF TRACT 2265
COMMUNITY DFVELOPMFNT DEPARTMENT
C,FNFRAI CONnITION~
1. The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
2. This application shall automatically expire on March 11, 2006 unless the
Certificate for Lot Line Adjustment, in conformance with Exhibit MB", is
recorded or an extension is granted pursuant to Section 16.16.140 of the
Development Code.
3. The applicant shall agree to 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 anyway 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 fee's 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.
PUBLIC WORKS DEPARTMENT CONDITIONS
C,FNFRAI CONnITION~
4. Fees - The applicant shall pay all applicable City fees at the time they are
due.
5. Recording - The Lot Line Adjustment shall be finalized by recording
Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent
deed transfers.
PRIOR TO RFCORnlNC, THF CFRTIFICA TF OF COMPI IANCF
6. Preliminary Title Report - A current preliminary title report shall be submitted I
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to the Director of Public Works prior to checking the final documents. 1
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1
,
7. Tax Certificate - In accordance with Section 16.68.130 of the Development I
:J
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RESOLUTION NO. 3661
PAGE 5
Code, 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.
SPF~141 CnNnlTlON
8. The applicant shall enter into an Open Spaca Agreement with the City in a form
approved by the City Attorney, which will include the entire 2.72 acres transferred
from Lot 37 of Tract 2265 to Lot 1 of Tract 2265 through this Lot Line Adjustment.
I'!
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RESOLUTION NO. 3661
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California. do
hereby certify under penalty of perjury, that Resolution No. 3661 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 11th day
of March, 2003.
_.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed thi; 14th
day of March, 2003.
I
~
ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
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