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PC R 95-1536R�SOLUTION NO. 95-1536 A RTSOLUTION OF TI-IE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL ADOP"I'ION OF A NEGATIVE DECLARATION, AND APPROVAL OF LOT LINE ADJUSTM�NT CASE NO. 95-527, APPLIED FOR BY GENCOM, INC., AT WEST BRANCH STREET, CAMINO MERCADO AND RANCHO PARKWAY (RANCHO GRANDE) WHEREAS, tt�e Planning Commission of the City of Arroyo Grande has considered Lot Line Adjustment Case No. 95-527, filed by Gencom, Inc., to adjust the locations of existing property lines; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, tl�e Planning Commission has found that this project is consistent with the General Plan and the Environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed the draft negative declaration under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. Based on the preliminary title report submitted and city records, the site does not include any lots or parcels created illegally. 2. Lot Line Adjustment Case No. 95-527 will not impair any existing access or create a � need for access to any adjacent lots or parcels, because all the new lots will continue to have direct access from existing streets. 3. Lot Line Adjustment Case No. 95-527 will not impair any existing easements or create a need for any new easements serving adjacent lots or parcels outside the subject area. 4. Because tlie new lots are sufficiently large to accommodate commercial development, Lot Line Adjustment Case No. 95-527 will not constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards. 6. Lot Line Adjustment Case No. 95-527 will not require substantial alteration of any existing improvements or create a need for any new improvements. 7. Lot Line Adjustment Case No. 95-527 will not create a nonconforming lot in the development District in which it exists. 8. No subsequent changes are proposed in the project which will require important revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental impacts not considered in a previous EIR or Negative Declaration on the Project; � Resolution No. 95-153G Lot Li��e Ac�justment C1se No. 95-527 GenCom, Inc. November 21, 1995 PAge 2 NOW, THERErORE, BE IT RTSOLV�D that the Planning Commission of the City of Arroyo Grande hereby recommends to the City Council adoption of the negative declaration and approval of said lot line adjustment, subject to the conditions of approval listed below: 1. The applicant shall ascertain and comply witli all Federal, State, County and City requirements as are applicable to this project. 2. The subdivider shall defend, indemnify and hold harmless the City, its agents, officers, and employees, from any claim, action or preceding brought within the time period provided for in Government Code Section 66499.37, against the City its agents, officers, or employees, to attack, set aside, void or annul the City's approval vf this subdivision. In order for this condition to be effective, the City must promptly notify subdivider of nay such claim, action or proceeding and must cooperate fully in the defense thereof. 3. The lot line adjustment shall be in substantial conformance with the plans presented to the City Council at the meeting of November 28, 1995 and marked "Exhibit A". 4. This tentative approval shall automatically expire on November 28, 1997 unless the lot line adjustment is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. On motion by Commissioner Tappan, seconded by Commissioner Beck, and by the following roll call vote, to wit: AYES: Cornmissioners Tappan, Beck, Carr, Soto, Lubin and Keen NOT�,S: None ABSENT: Commissioner Deviny the foregoing Resolution was adopted this 21st day of November, 1995. ATTT.ST: a- � L i�l`le reese, Comm�ssion Clerk Jc�i�i Keen, Ch�rson AS TO CONTENT: �0►�L,� / �1 �J Doreen Libe�fo-Blanck, Community Development Director