PC R 94-1463RESOLU 1 ION NO. 94-1463
A RLSULUTION OF TIi� C1TY OF ARROYO GRAND�
I'LANNING COMMISSION R�COMM�NDING TI-IAT THE
CITY COUNCIL INS'1'RUCT TIIE CITY CL�RK TO FILE A
NOTICE OF CAT�GORICAL EXEMI'TION AND AMrNll
TH� D�VELOPMI:NT CODE (1tEZONL CASE NQ. 94-001)
W�I�R�AS, the City Council adopted the Development Code, which became effective
June 13, 1991, and
WH�REAS, on February 15, 1994 the Planning Commission held a duly noticed public
liearing to consider Rezone Case No. 94-001, at whict� time all interested persons were given
t}�e opportunity to be lieard; and
WI the Planning Commission has reviewed and considered the information and
public testimony presented at the public hearings and in the proposed document and staff report;
and
WIIER�AS, the City of Arroyo Grande has found that the proposal can be categorically
exempt per Section 15061 of the CEQA Guidelines.
NOW, TI BE IT RFSOLVED that the Planning Commission of the City
of Arroyo Grande hereby recommends to the City Council adoplion of the amendments outlined
in Attachment "A" based on lhe following findings:
Tl�e proposed development code amendment is consistent with tlie goals, objectives,
policies, and programs of the General Plan, and is necessary and desirable to implement
tlie provisions of tl�e General Ylan.
'l. The proposed development code arnendment will not adversely affect the public health,
safety, and welfare or result in an illogical ]and use pattern, as no substantive changes
are being made.
3
4.
The proposed development code amendment is consistent with the proposed and intent
of Title 9.
Tliere will be no potential for environmental impacts of the proposed development code
amendment, and a categorical exemption can be filed per Section 15061 of the CEQA
Guidelines.
On motion of Commissioner Reilly, seconded by Commissioner Deviny, and by the
following roll call vote, to wit:
AYES: Commissioners Reilly,
NOTS: None
ABSENT: Commissioners Tappan,
Deviny, Keen, and Chairman Carr
Soto and Hatcl�ett
tlie foregoing Resolution was adopted this 15t1i day of February, 1994.
ATTEST:
Nancy Br n, Commission Clerk
Robert W. Carr, Chairman
ATrACIIMENr "A"
ARROYO GRANDE DEVELOPMENT CODE Chapter 9
8. For residential conversions, the decision making body must determine that:
a. The conversion is consistent with the General Plan; and
b. In the case of condominium conversions, the vacancy factor of apartment
rental housing units in the City exceeds five percent of the total rental
housing inventory. Existing rental units may be approved for conversion
regardless of the vacancy factor if the City Council determines that a new
rental unit has or will be added to the City's housing inventory for each
. rental unit removed through conversion.
c. The subdivider has complied with such other requirements or conditions
as the decision making body shall believe necessary or appropriate.
F. Waiver Provisions - Mobilehomes
When at least two-thirds of the owners of mobilehomes who are tenants in the
mobilehome park sign a petition indicaiing their intent to purchase the mobilehome park for
purposes of converting it to tenant-owned, condominium ownership interest, the requirernent for
a subdivision map shall be waived unless any of the following exist:
There are significant design or improvement requirements necessitated by health
or safety concerns.
2.
3.
4.•
There is a need to perform iield surveys on the exterior boundaries of the parcel
or parcels appearing on the face of the map.
The existing lot or lots were not created by a recorded parcel or final map.
The conversion would result in the creation of additional parcels.
Waiver applications shall be processed in compliance with Section 66428 (b) of the
Subdivision� Map Act.
Section 9-04.140
A. Applicability
Lot Line Adjustments
Any affected property owner desiring a lot line adjustment between two (2) or more
existing parcels, where the land taken irom one (1) parcel is added to an adjacent parcel, and
where the number of parcels remains the same, or is reduced and improves an existinq situation,
shall file an application for a lot line adjustment with the Planning Department.
Effective June 13, •1991
123
Amended� April 1994
ARROYO GRANDE DEVELOPMENT CODE
Ct�apter 9-04
3. Following a review of ihe application and public hearing pursuant to Section
9-02.160 of this Title, the Planning Commission shall adopt a resolution stating
their decision and containing the findings of fact upon which such decision is
based. Such decision is subject to the appeai provisions of Section 9-02.150 of
lhis Title. '
4. Following approval, all parties of interest in the subject parcels shall sign a
certificate of Lot Line Adjustment that eliminates the old lot lines and that contains
a legal description and illustration or drawing of the adjusted parcels. This
cenificate shall be recorded with the County Recorder.
C. Findings
The Planning Commission shall approve or conditionally approve a Lot Line Adjustment
if it does not:
1.
2.
3.
4.
5.
6.
7.
Create er--�ele�a any new lots.
Include any lots or parcels created illegally.
Impair any existing access or create a need for access to any adjacent lois or
parcels.
Impair any existing easements or create a need for any new easements serving
adjacent lots or parcels.
Constitute poor land planning or undesirable lot configurations due to exist(ng
environmental conditions or current zoning development standards.
Require substantial alteration of any existing improvements or create a need for
any new improvements.
Create a nonconforming lot in the development District in which it exists, except
as allowed in Section 9-10.100 of this Tiile.
D. Conditions of Approval
The Planning Commission may only impose such conditions of approval necessary to
conform to this Title or Ciiy building ordinances or io facilitate the relocation of existing utilities,
infrastructure, or easements. A record of survey or other records shall be required pursuant to
Section 8762 of the Business and Professions Code if monuments are set at the adjusted lot
lines.
Effective June 13, 1991
125
Amended April 1994
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