HomeMy WebLinkAboutr10269lotlineadjustmentannexationRESOLUTION NO . 10269 (2011 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A LOT LIN E
ADJUSTMENT BETWEEN TWO LOTS (CITY APN 053-412-008 AND COUNTY DOC .
NO . 2009-43146), ANNEXATION OF A PORTION OF 1146 FARMHOUSE LANE, AN D
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPAC T
FOR THE PROJECT (ANNX/LLAJER 117-10 )
WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 7 ,
2011, for the purpose of considering Planning Application No . ANNX/LLA/ER 117-10,a
request to reconfigure the lot lines between 1146 Farmhouse Lane in the County (Lot 1) an d
4600 Broad Street in the City (Lot 2), concurrent with a request for annexation of the adjuste d
portion of Lot 2 such that the adjusted line will become the new City-County boundary ; and
WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo ,
California, on April 13, 2011, for the purpose of formulating and forwarding recommendations t o
the City Council of the City of San Luis Obispo regarding the project ; and
WHEREAS,the Airport Area Specific Plan was adopted by the City Council on Augus t
23, 2005, satisfying the requirements of the General Plan (Land Use Element policies 1 .12 .3, 7 .3
and 7 .4), which require adoption of specific plans prior to annexation ; and
WHEREAS,the proposed annexation is necessary for the City to implement the adopte d
Specific Plan ; and
WHEREAS,the City Council considered the Initial Study and Negative Declaration o f
Environmental Impact (ER 117-10) for the project, and determined that the document adequatel y
addresses the potential environmental effects of the proposed annexation ; and
WHEREAS,the proposed annexation is consistent with the adopted Sphere of Influenc e
for the City of San Luis Obispo ; and
WHEREAS,the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Findings .Based upon all the evidence, the City Council makes th e
following findings :
1 . Annexation of land in the Airport Area will promote the public health, safety and welfar e
by ensuring that all new development complies with the comprehensive land use plans an d
property development standards established in the Airport Area Specific Plan .
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Resolution No . 10269 (2011 Series )
Page 2
2.The proposed annexation of land in the Airport Area is consistent with Land Use Elemen t
Policy 7 .3, which says that the City will actively pursue annexation of the Airport Area .
3.The proposed annexation is consistent with the General Plan Land Use Map because th e
land to be annexed has been prezoned Service-Commercial, and is within the Sphere o f
Influence and City's Urban Reserve .
4.As conditioned, the lot line adjustment is consistent with the City's Zoning Regulation s
and Building Code, and complies with the City's Subdivision Regulations and the Stat e
Subdivision Map Act because it will not create a greater number of lots than originall y
existed and the resulting parcels meet the minimum requirements for lot area and dimension s
in the C-S zone .
5.The proposed Negative Declaration for the project adequately addresses th e
environmental impacts of the project because annexation does not create any environmenta l
effects that are different from those identified in the Final Program EIR for the Airport Are a
Specific Plan and Related Facilities Master Plans .
SECTION 2 .Environmental Determination .The City Council does hereby adopt a
Negative Declaration for the project .
SECTION 3 .Action.The City Council does hereby approve the lot line adjustment, an d
annexation of approximately 0 .76 acres of land in the Airport Area as identified and incorporate d
herein by reference in Exhibit A, subject to the following conditions :
1.Per Resolution #9728 (2005 Series), and Land Use Element Policy 7 .4, an Airport Are a
annexation shall not take effect unless the annexed area helps protect an appropriate part o f
the greenbelt near the Airport Area, through dedication or an in-lieu fee .
2.The lot line adjustment shall be finalized with either a parcel map or a lot line adjustmen t
agreement and recorded prior to initiating annexation through LAFCO . If the agreement i s
pursued, the applicant shall submit a "Declaration of Lot Line Adjustment" to the Publi c
Works Director for review, approval and recordation, based on samples available from th e
City of San Luis Obispo . The submittal shall include all required recording and processin g
fees and an 8 '/2"x 11" map exhibit suitable for recording .
3.A record of survey may be required in accordance with Business and Professions Cod e
Section 8762 .
4.The parcel map or lot line adjustment agreement exhibits and legal descriptions shall b e
prepared by a California Licensed Land Surveyor or Civil Engineer authorized to practic e
land surveying .
5.A beneficiary consent to LLA shall be recorded concurrent with or prior to recordation o f
the LLA .
Resolution No . 10269 (2011 Series )
Page 3
6.A separate exhibit showing all existing public and/or private utilities and improvement s
shall be approved to the satisfaction of the Community Development Director and Publi c
Works Director prior to recordation of the LLA . The site/utility plan shall include an y
drainage and street improvements, water, sewer, storm drains, gas, electricity, telephone ,
cable TV, water wells, private waste disposal systems, and any utility company meters for th e
proposed city parcel .
7.Any existing private or Fiero utilities stubbed into the City parcel shall be relocated ,
abandoned on terminated to the satisfaction of the City of San Luis Obispo . Any utilit y
relocations or abandonments shall be completed with proper permits and receive fina l
inspection approvals prior to recordation of the LLA . Any utility services proposed to remai n
shall be approved by the City and may require the recordation of an agreement between th e
property owner and the City .
8.Any required easements shall be recorded prior to or concurrent with the recordation o f
the LLA to the satisfaction of the Community Development Director, Public Works Directo r
and serving utility companies .
Upon motion of Council Member Smith, seconded by Council Member Carter, and on th e
following vote :
AYES :
Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh an d
Mayor Marx
NOES :
None
ABSENT : Non e
The foregoing Resolution was adopted this 7th day of June 2011 .
ATTEST :
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Elaina Cano
City Clerk