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R 3879 RESOLUTION NO. 3879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING APPEAL 05-004 AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF LOT LINE ADJUSTMENT 05-001; APPLIED FOR BY DAVE STURGES; LOCATED AT 130 AND 132 SHORT STREET . WHEREAS, on July 19, 2005, the Planning Commission of the City of Arroyo Grande held a duly noticed public hearing and adopted a Resolution denying Lot Line Adjustment 05-001; and WHEREAS, the City Council of the City of Arroyo Grande has considered Appeal 05-004 of the Planning Commission's denial of Lot Line Adjustment 05-001; and WHEREAS, the City Council has held a public hearing on this application in accordance with the City Code; and WHEREAS, the City Council has found that this project is not consistent with the General Plan; and WHEREAS, the City Council has reviewed this 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 has determined that the proposed project is Categorically Exempt per Section 15305 of the CEQA Guidelines. WHEREAS, the City Council finds, after due study, deliberation and 'public hearing, that required findings number 5 and 7 cannot be made in an affirmative manner as set forth below. FINDINGS FOR APPROVAL The proposed lot line adjustment: 5. Constitutes poor land planning and is an undesirable lot configurations due to existing environmental conditions or current zoning development standards; Granting the lot line adjustment would produce. the need for an access easement and would create a de facto flag lot with a stem width of 12 feet. Municipal Code Section 16.20.050.C.6.a. and b. state that flag lots shall have a minimum stem width of 18 feet and should only be allowed if they conform with the existing character of the neighborhood. Current development pattems within the Village and the original Short, Mason, Whiteley subdivision indicates no original flag lots. In addition, there is only one residential flag lot within the area (220 and 222 Short Street). If this . Lot Line Adjustment application is approved)t will set a precedent for many more flag lots to be created in the heart of the Village. RESOLUTION NO. 3879 PAGE 2 The minimum allowed lot size in the Village Mixed Use zone is 5,000 square feet. Approval of this Lot Line Adjustment application would create two lots of 4,292 and 4,521 square feet. The applicant's Preliminary Map indicates that the gross area of the previously conforming lot remains greater than the 5,000 square foot minimum allowed in the Village Mixed Use zone. It should be noted that most commercial districts (Industrial Mixed Use, Traffic Way Mixed Use, . Gateway Mixed Use, Fair Oaks Mixed Use, and Highway Mixed Use) utilize gross area when minimum lot size is referenced but this relaxed distinction of gross area is not offered in any of 'the commercial Village zones (Village Core Downtown and Village Mixed Use). The rationale for this distinction is for the protection of the lot sizes and unique character of the Village. 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Section 16.48.110 of this title. As currently configured there is one conforming lot (6,779 square feet) and one non-conforming lot (2,034 square feet). The granting of this lot line adjustment would result in two nqn-conforming lots of 4,292 and 4,521 square feet in the Village Mixed Use zone when the minimum allowed lot size is 5,000 square feet. Municipal Code Section 16.48.110.0.2. specifically states that a Lot Line Adjustment. of this type is not allowed: Under no circumstances shall lots conforming to minimum lot sizes be reduced in size to a nonconforming status. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies without prejudice Appeal 05-004 and upholds the Planning Commission's denial of Lot Line Adjustment 05-001 based on the above findings. On motion by Council Member Guthrie, seconded by Council Member Arnold, and by the following roll call vote, to wit: . AYES: Council Members Guthrie, Arnold, Dickens, Costello, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 13th day of September 2005. RESOLUTION NO. 387'1 PAGE 3 ATTEST: I ~f-":-,;' i': j,: l .--.. , " ;\.. ' , KELLY WETMORE, CITY CLERK , APPROVED AS TO CONTENT: C',,' ',' ~>,. , --<,,- '/c:. ._~ 'STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: / ATTORNEY RESOLUTION NO. 3879 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 Resolution No. 3879 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 23rd day of August 2005. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of August 2005. \.; . ',' KELL YWETIIJIORE, CITY CLERK --