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PC R 95-1499RCSOLUTION NO. 95-1499 A RESOLUTION OF THC PLANNING CONIMISSION OF THE CITY OF ARROYO GRAND� APPROVING LOT LINE ADJUSTMENT CAS� NO. 94-521, LOCATED AT 1131 FARROLL AVENU�, AYPLIED FOR BY FARROLL ROAD GROUP; ADOPTION Or A N�GATIV� DECLARATION WITH MI'I'IGATION MEASURES AND INSTRUCTION THAT TI-IC SECRCI'ARY rILC A NOTICC OF DETERMINATION WII�RCAS, the Planning Commission of the City of Arroyo Grande has held a public hearing on Lot Line Adjustment Case No. 94-521 in accordance with City Code; and WI the Planning Commission has found that this project is consistent with the General Plan and the Environmental Documents associated therewith; and WHCR�AS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's Rules and Procedures for the Implementation of CEQA; and W�I�REAS, said Lot Line Adjustment was referred to the Planning Commission, by various City Departments and the Staff Advisory Committee; and WI-IER�AS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exisl: This Lot Line Adjustme��t �vill not: 1. Create or delete any new lots. 2. Include any lots or parcels created illegally. 3. Impair any existing access or create a need for access to any adjacent lots or parcels. 4. Impair any existing easements or create a iieed for any new easements serving adjacent _ lots or parcels. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards. 6. Require substantial alteration of any existing improvements or create a need for any new improvements. 7. Create a non-confonning lot in the MF zoning district. Depai-tment. of P'ish �nd Game Required Findings 1. The City of Arroyo Grande has prepared an initiat study pursuant to Section 15063 of the Guidelines of the California �nvironmental Quality Act for Lot Line Adjustment Case No, 94-521. Resolut.ion No. 95-1499 Lot Line Adjustment C�se No. 94-521 F�►rroll Road Group Febcu:►ry 7, 1995 P�ge 2 2. Based on tlie initial study, a negative declaration was prepared for review by tlie public an review and anproval by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or on the habitat upon which the wildlife depends as a result of development of this project. NOW, TIICR��ORL, I3� IT RESOLV�D that the Planning Commission of the City of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the Secretary to file a Notice of Determination; and approves said Lot 1 ine Adjustment Case No. 94-521 suUject to tl�e following conclitions and mitigation measure: General Conditions: 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to ll�is project. 2. Development shall occur in substantial conformance with the plans presented to the Planning Cornmission at tlie ►neeting of February 7, 1995 and marked "Exhibit A" except as amended by ".Exhibit C" to reduce the number of lots to 37. 3. Tl�is tentative approval sl�all automatically expire on February 7, 1997 unless the lot line adjustment is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 4. The subdivider shall defend, indemnify and hold harmless the City, its agents, officers, and employees, from any claim, action or proceeding brought within the time period provided for in Government Code Section 66499.37, against the City its agents, off"icers, or employees, to attack, set aside, void or annul the City's approval of this lot line adjustment. In order for this condition to be effective, the City must promptly notify subdivider of any such claim, action or proceeding and must cooperate fully in the defense thereoF. 5. A negative declaration with mitigation measures has been adopted for this project. The following mitigations shall be imPlemented as conditions of approval and shall be monitored by the aPpropriate City department or other responsible agency. The applicant. sh�ll be responsible for verific�tion in writing by the monitoring dep�rtn�e��t or �gency ths►t tl�e mitigatio�� me�sures h�ve been implemented. Resolutio►i No. 95-1499 Lot Line Adjustment Case No. 94-521 Farroll Ro�d Group r�u���,��•y �, 1995 Page 3 Mitigation Measure 6. The applicant sl�all prepare for review and approval of the State Department of Health Services (DHS), a risk assessment of the Dieldrin levels on tl�e site. This assessment shall compare the risks of ingesling Dieldrin on the site with average Dieldrin intake associated with the "Average American Diet" or other criteria identified by DHS. Upon review of tl�e risk assessment, DHS shall determine appropriate mitigation measures, if any, in accordance with an acceptable risk level. Any mitigation measures prescribed by DHS shall be completed prior to recordation of the Certificate of Lot Line Adjustment, or at a time acceptable to DHS. Documentation that this mitigation measure has been completed shall be submitted to the Planning Department. Monit.oring Department: State Department of Health Services Ti�i�e Fr�me: Prior to recordation of the Certificate of Lot Line Adjustment. Pl�tnning Dep�i-lment. Condition 7. Development shall comply with the requirements of the City of Arroyo Grande Development Code unless otl�erwise approved. Putilic Worlcs Department. Conditions 8. Fifteen foot (15') wide sewer easements sl�all be provided for tl�e sewer main prior to recordation of tl�e Certificate of Lot Line Adjustment. Alternatively, prior to recordation of the Certificate of Lot Line Adjustment, the sewer main may be relocated to an alignment and grade approved by tlie Director of Public Works. Adequate easements shall be provided as necessary for the new alignment. On motion by Co►nmissioner Tappan, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AY�S: Commissioners �rappan, Deviny, Beck and Chairperson Keen NO�S: Commissioner Soto AI3S�NT: Commissioners Carr and Hatchett the foregoing Resolution was adopted this 7th day of February, 1995. ATTEST: Z Nancy Browi , Commission Clerk J n Keen, rperson � � �