PC R 09-2092 RESOLUTION NO. 09-2092
• A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING LOT LINE •
ADJUSTMENT 09-003; LOCATED AT THE CORNER OF
TRAFFIC WAY AND EAST CHERRY AVENUE; APPLIED ,
•
FOR BY DORFMAN HOMES, INC
WHEREAS, the applicant has filed Lot Line Adjustment 09-003 to adjust the lot lines of
four (4) lots resulting in four (4) parcels of 31,546 square feet, 31,289 square feet, 31,844
square feet and 11.79 acres, respectively; and •
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Lot
Line Adjustment 09-003 on September 1, 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 if it does not:
1.. Create any new lots;
The proposed project does not create any new lots as indicated by the map
and title material submitted by a licensed surveyor and identified as
Attachment 1.
•
2. 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 as
researched by a licensed surveyor and City staff.
3. Impair any existing access or create a need for access to any adjacent lots
or parcels; • •
The proposed lot line adjustment, as indicated by the map identified as
Attachment 1, does not impair any existing access or create a need for
access to any adjacent lots or parcels due to their fronting on the corner of
Traffic Way and East Cherry Avenue.
RESOLUTION NO. 2092
LOT LINE ADJUSTMENT 09-003
SEPTEMBER 15, 2009
PAGE 2 of 4
•
4. Impair any existing easements or create a need for any new.easements
serving adjacent lots or parcels;
The proposed lot line adjustment, as indicated by the map identified as
Attachment 1, does not impair any.existing easements nor create the need
• for any new easements to serve adjacent lots based upon a review of title
records and due to the locations of the proposed parcels and neighboring
parcels which front Traffic Way and/or East Cherry Avenue.
5. Constitute poor land planning or undesirable lot configurations due to
existing environmental conditions or current zoning development
standards;
The proposed project does not constitute poor land planning or undesirable
lot configurations since it conforms with all development standards of the
Traffic Way Mixed Use and the Agriculture zoning districts.
6. Require substantial alteration of any existing improvements or create a
need for any new improvements;
The proposed project does not require any alteration of existing
improvements nor does it require the need for any new improvements due
to the proposed parcel locations fronting Traffic Way and East Cherry
Avenue.
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 project conforms with required minimum lot sizes of the
Traffic Way and Agriculture zoning districts and therefore does not create
any non-conforming lots.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Lot Line Adjustment 09-003 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.
•
•
RESOLUTION NO. 2092
LOT LINE ADJUSTMENT 09-003
— SEPTEMBER 15, 2009
PAGE3of4 -
• On motion by Commissioner Barneich, seconded by Commissioner Keen, and by the
following roll call vote, to wit:
AYES: Commissioner Barneich, Keen, Ruth and Chair Ray
NOES: None
ABSTAIN: Commissioner Brown
ABSENT: . None
the foregoing Resolution was adopted this 15TH day of September, 2009.
ATTEST:
•
• n (Ai DEBBIE WEICHINGER, CAR—Ns
RA IR
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TERESAf/ICCLISH,
COMMUNITY DEVELOPMENT DIRECTOR
•
•
RESOLUTION NO. 2092 •
LOT LINE ADJUSTMENT 09-003 •
SEPTEMBER 15, 2009 •
PAGE 4 of•4
EXHIBIT "A"
CONDITIONS OF APPROVAL
LOT LINE-ADJUSTMENT 09-003
This approval authorizes a lot line adjustment between four (4) lots resulting in four (4)
parcels of 31,546 square feet, 31,289 square feet, 31,844 square feet and 11.79 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
09-003.
•
3. The applicant agrees 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 this approval, or in anyway relating to the implementation
• thereof, or in the alternative, to relinquish such approval. The applicant 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 applicant of his/her obligations.
4. Lot C is subject. to Right to Farm ' provisions, including agricultural buffer
regulations set forth in the City of Arroyo Grande Municipal Code which will be
implemented with applications associated with development.
ENGINEERING DIVISION CONDITIONS: •
5. The applicant shall pay all applicable fees at the time they are due,
6. The applicant shall have a licensed land surveyor in the State•of California
prepare the Certificate of Compliance for Lot Line Adjustment,
• 7. The Lot Line Adjustment •shall be finalized by recording Certificates of
Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers,
8. A current preliminary title report shall be submitted to the Director of Public
Works prior to checking the final documents,
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 Certificate of Compliance for Lot Line Adjustment shall be recorded with all
pertinent conditions of approval satisfied prior to issuing a building permit.
•
EXHIBIT "B" Page 1 of 2
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