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PC R 09-2082RESOLUTION NO. 09-2082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT 09-001; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET; APPLIED FOR BY NKT COMMERCIAL WHEREAS, the applicant has filed Lot Line Adjustment 09-001 to adjust the lot lines of three parcels (APNs 077-131-002, 077-131-003 and 077-131-033) resulting in two (2) parcels of 1.63 acres and 4.47 acres, respectively; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Lot Line Adjustment 09-001 on May 19, 2009 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt per Section 15305 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study and deliberation, the following circumstances exist: � Lot Line Adjustment Findings: The following Lot Line Adjustment does not: 1 � � Create any new lots; The proposed project does not create any new lots as indicated by the map identified as Exhibif "8." Include any lots or parcels created illegally; All lots were created legally according to the Municipal Code of the City of Arroyo Grande and the State of California Subdivision Map Act. Impair any existing access or create a need for access to any adjacent lots or parcels; The proposed lot line adjustment does not impair any existing access or create a need for access to any adjacent lots or parcels. 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; RESOLUTION NO. 09-2082 LLA 09-001 MAY 19, 2009 PAGE 2 of 4 The proposed lot line adjusfinent does not impair any existing easements nor does it create the need for any new easements to serve adjacent lots. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards; The proposed lot line adjustment is consistent with the Berry Gardens Specific Plan, which regulates development of the properties involved in the lot line adjustment. 6. Require substantial alteration of any existing improvements or create a need for any new improvements; The proposed lot line adjustment does not require any alteration of existing improvements nor does it require the need for any new improvements. 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Section 16.48.110 of this title. The proposed lot line adjustment does not create any non-conforming lofs. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment 09-001 with the above findings and subject to the conditions as set forth in Exhibit "A" and consistent with the map marked Exhibit "B," attached hereto and incorporated herein by this reference. On motion by Commissioner Brown, seconded by Commissioner Barneich, and by the following roll call vote, to wit: AYES: Commissioners Brown, Barneich, Keen, Ruth and Chair Ray NOES: None ABSENT: None the foregoing Resolution was adopted this 19 day of May, 2009. RESOLUTION NO. 09-2082 LLA 09-001 MAY 19, 2009 PAG E 3 of 4 ATTEST: �"- ( � A �. �J� KATHY DOZA FOR REARDON-SMITH, CAREN RA , C AIR SECRETARY TO THE COMMISSION AS TO CONTENT: � - c ��— TERESA MC H, ACTING COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 09-2082 LLA 09-001 MAY 19, 2009 PAGE 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 09-001 This approval authorizes a lot line adjustment between three parcels (APNs 077-131-002, 077-131-003 and 077-131-033) resulting in two (2) parcels of 1.63 acres and 4.47 acres, respectively. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Lot Line Adjustment 09-001. PUBLIC WORKS DEPARTMENT GENERAL CONDITIONS: 3. The applicant shall pay all applicable fees at the time they are due. 4. The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance for Lot Line Adjustment. 5. The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. 6. A current preliminary title report shall be submitted to the Director of Public Works prior to checking the final documents. 7. The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. 8. A Certificate of Compliance for Lot Line Adjustment shall be recorded with all pertinent conditions of approval satisfied. �_ RESOLUTION NO. 09-2082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT 09-001; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET; APPLIED FOR BY NKT COMMERCIAL WHEREAS, the applicant has filed Lot Line Adjustment 09-001 to adjust the lot lines of three parcels (APNs 077-131-002, 077-131-003 and 077-131-033) resulting in two (2) parcels of 1.63 acres and 4.47 acres, respectively; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Lot Line Adjustment 09-001 on May 19, 2009 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt per Section 15305 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study and deliberation, the following circumstances exist: Lot Line Adjustment Findings: The following Lot Line Adjustment does not: i� 2. 3 Create any new lots; The proposed project does not create any new lots as indicated by the map identified as Exhibit "8." Include any lots or parcels created illegally; All lots were created legally according to the Municipal Code of the City of Arroyo Grande and the State of California Subdivision Map Act. Impair any existing access or create a need for access to any adjacent lots or parcels; The proposed lot line adjustment does not impair any existing access or create a need for access to any adjacent lots or parcels. 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; RESOLUTION NO. 09-2082 LLA 09-001 MAY 19, 2009 PAGE 2 of 4 The proposed lot line adjustment does not impair any existing easements nor does it create the need for any new easemenfs to serve adjacent lots. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards; The proposed lot line adjustment is consistent with the Berry Gardens Specific Plan, which regulates development of the properties involved in the lot line adjustment. 6. Require substantial alteration of any existing improvements or create a need for any new improvements; The proposed lot line adjustment does not require any alteration of existing improvements nor does it require the need for any new improvements. 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Section 16.48.110 of this title. The proposed lot line adjustment does not create any non-conforming lots. NOW, THEREFORE, BE IT �cSOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment 09-001 with the above findings and subject to the conditions as set forth in Exhibit "A" and consistent with the map marked Exhibit "B," attached hereto and incorporated herein by this reference. On motion by Commissioner Brown, seconded by Commissioner Barneich, and by the following roll call vote, to wit: AYES: Commissioners Brown, Barneich, Keen, Ruth and Chair Ray NOES: None ABSENT: None the foregoing Resolution was adopted this 19�' day of May, 2009. :, RESOLUTION NO. 09-2082 LLA 09-001 - MAY 19, 2009 PAG E 3 of 4 ATTEST: KATHY ME � OZA FOR �EARDON-SMITH, CAREN RAY C AIR SECRETARY TO THE CO � ISSION AS TO CONTENT: � IV`� TERESA CLISH, ACTING C MMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 09-2082 LLA 09-001 MAY 19, 2009 PAGE 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 09-001 This approval authorizes a lot line adjustment between three parcels (APNs 077-131-002, 077-131-003 and 077-131-033) resulting in two (2) parcels of 1.63 acres and 4.47 acres, respectively. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 1 2 The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Lot Line Adjustment 09-001. PUBLIC WORKS DEPARTMENT GENERAL CONDITIONS: 3 4 5 6 7 8 The applicant shall pay all applicable fees at the time they are due. The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance for Lot Line Adjustment. The Lot Line Adjustment shall be finalized by recording- Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. A current preliminary title report shall be submitted to the Director of Public Works prior to checking the final documents. The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. A Certificate of Compliance for Lot Line Adjustment shall be recorded with all pertinent conditions of approval satisfied.