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PC R 12-2174 _ . __ . � RESOLUTION NO. 2'i 74 r 3 A RESOLUTION OF THE PLANNING COMMISSION OF � THE CITY OF ARROYO GRANDE APPROVING LOT � MERGER 12-002; LOCATION - MCKINLEY STREET; � ' APPLICANT- ANTHONY LUIS AND ELIZABETH i NICHOLSON WHEREAS, the applicant proposes to merge three (3) lots located behind 111 � f McKinley Street; and � WHEREAS, Municipal Code Table 16.12.030 (B) requires that lot mergers be reviewed � by the Planning Commission; and WHEREAS, the Planning Commission reviewed the project at its meeting on November E 20, 2012; and i WHEREAS, the Planning Commission finds, after due study and deliberation, the following circumstances exist and are consistent with the City's General Plan and Development Code: ; � Lot Merger Findings: ; i 1. Merged lots should comply wherever feasible with the minimum lot size, lot width, and lot depth requirements of the zoning district in � � which it is located. � I' The proposed project would merge three (3) lots into one (1) and the � new lot would be conforming to the SF zoning district development � standard for size, lot width, and lot depth. � 2. Adequate access and placement of easements shall be provided. Access to these currently landlocked parcels will be established � through an access easement from McKinley Street. All new � easements will be recorded. � i NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of � Arroyo Grande hereby approves Lot Merger 12-002 with the above findings and subject � to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by � this reference. ; � f On a motion by Commissioner Barneich, seconded by Commissioner Keen and by the � following roll call vote to wit: � I € AYES: Barneich, Keen, Sperow, Ruth � NOES: None j ABSENT: Martin the foregoing Resolution was adopted this 20t" day of November 2012. ` � C .. . __ . __ .._ .. __ . . __ _. � . �_ ATTEST. f _ y� , , ,�' i � ,,, , � , � . � ;� � -�- ..�' '�: �. % DEBBIE WEICHINGER ELI7�4 ETH RUTH, CHAIR SECRETARY TO THE COMMISSION ' AS TO CONTENT: .���E �,`Co - � �_ TEF� SA McC��ISH DIRECTOR OF COMMUNITY DEVELOPMENT � � � I � � � [ € � _ . . _ ( C � RESOLUTION NO. 2174, � NOVEMBER 20, 2012 � PAGE2OF2 f EXHIBIT "A" �( CONDITIONS OF APPROVAL ! LOT MERGER 12-002 � � � GENERAL CONDITIONS � � 1. The developer shall ascertain and comply with all Federal, State, County and � City requirements as are applicable to this project. � 2. The developer shall comply with all conditions of approval for Lot Merger 12-002. � 3. The developer shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in any way relating to the implementation thereof, i or in the alternative, to relinquish such approval. The developer shall reimburse � the City, its agents, officers, or employees, for any court costs and attorney's fee's � which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its � own expense in the defense of any such action but such participation shall not � � relieve the developer of his/her obligations under this condition. � 4. The applicant shall comply with all provisions of Municipal Code Section 16.20.150. 5. The applicant shall pay all applicable fees at the time they are due. � 6. A current preliminary title report shall be submitted to the Community � Development Director prior to checking the final documents. � 7. The applicant shall provide evidence that the lots to be merged were legally created. € E 8. The applicant shall provide evidence that a legal access easement is secured. � � 9. 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. 10. A Notice of Merger shall be recorded with all pertinent conditions of approval � satisfied prior to issuing a building permit. PLANNING COMMISSION CONDITIONS 1. Trenching within the root zone of existing trees shall be perFormed with hand tools. � � € f [