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:
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KELLY WETMORE, CITY CLERK
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APPROVED AS TO CONTENT:
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'STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
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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
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