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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. -----...---.-.--- 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: ~/p~) - STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: .' - 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 j ,I to the Director of Public Works prior to checking the final documents. 1 J 1 , 7. Tax Certificate - In accordance with Section 16.68.130 of the Development I :J -..------ -----,-- -- 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'! , - --- ...-..-..- 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 ---~- --- --