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R 3191 ~. ... RESOLUTION NO. 3191 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF ARROYO GRANDE DENYING THE A~PEAL OF CONDffiONS OF APPROVAL NO. 38 AND 39 OF LOT. LINE ADJUSTMENT CASE NO. 96-531, 543 SOUTH ELM STREET; APPELLANTS: PETER KEITH AND LARRY GIN WHEREAS, on November 19, 1996 the Planning Commiss;.on held a public hearing pursuant to State Law and City Codes on Lot Line Adjustment Case No. 96-531; and WHEREAS, after due study, deliberation and public hearing, the Planning Commission included Condition of Approval No. 38 and amended and included Condition of Approval No. 39 as part of the approval of Lot Line Adjustment Case No. 96-531; and WHEREAS, on November 25, 1996 Peter Keith and Larry Gin, the owners of the subject property,. filed an appeal of the Planning Commission's inclusion of Conditions of Approval No. 38 and 39 and contend the conditions interfere with the marketability of the lots, diminish their value, result in inadequate fIre protection, are beyond the authority of the City to impose under Government Code Section 66412(d), and constitute a partial taking; and WHEREAS, the City Council of the City of Arroyo Grande held a duly noticed public hearing on December 10, 1996 to consider said appeal; and WHEREAS, after due study, deliberation, and public hearing, t'1e City Council fInds that the following circumstances exist relative to said appeal: 1. There is no substantial evidence or technical data which proves a common access easement interferes with the marketability of the lots or diminishes their value; and 2. Pursuant to Fire Department standards, a turnaround is not required in order to provide adequate fIre protection to Lots 9-11. The lots are directly adjacent to Farroll Avenue, therefore providing the Fire Department sufficient access to the lots from said street; and 3. Conditions of Approval No. 38 and 39 are within the authority of the City to impose under Government Code Section 66412(d), because they are necessary to ensure the project conforms to local zoning ordinances. More specifically, the conditions were imposed in order to ensure the project's consistency with the Circulation Element of the General Plan; and 4. Conditions of Approval No. 38 and 39 are necessary to mitigate circulation safety concerns in accordance with the California Environmental Quality Act (CEQA) and the Arroyo Grande Rules and Procedures for the Implementation of CEQA as set forth in Development Code Section 9-02.050 and; 5. Condition of Approval No. 38 and 39 do not constitute a partial taking by the City, because (a) the requirement to provide a common access eas~ent to the internal street is a fmancially reasonable alternative means of providing access, and (b) the imposition of the conditions are for the sole purpose of protecting the public health, safety, and welfare. .. ""' Resolution No. 3191 December 10, 1996 Page 2 NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies the appeal of Conditions of Approval No. 38 and 39 of Lot Line Adjustment Case No. 96-531 based on the staff report and the findings set forth herein. On motion by Council Member Fuller ,seconded by Council Member TOllex and I. !.: by the following roll call vote, to wit: .1 ;; .' A YES: Council Members Fuller, Tolley, and Mayor Dougall NOES: Council Members Lady and Runels ABSENT: None the foregoing Resolution was adopred this 10th day of December, 1996. ATTEST: -1J~ta.~ NANCY A. 'AVIS, CITY CLERK APPROVED AS TO CONTENT: ~ie.r.T L. HLL-r;;-- ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: ~~ I . .x. -Q TI 'OTH J. CA L, CITY A'ITOlrnEY . ~ RESOLUTION NO. 3191 PAGE 3 I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 3191 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 10th day of December, 1996. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day December, 1996.