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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 L_6t • gq 74.42' 1 — — — — — -=- - -3\.(- . . 4111 1 • 40 .98' 1- ' lb • I. • • 1 1 • • • \ .\ I • 1 • 1 �Co g I .. 1 • 41 1 -� . . • k) vi.i \ , • . - -1 --: • I \ •-4:, \ . \ . I1 % 1 \ . • i 6 • • . 1 1 °- \ • • ■A • I \ - : o . 1 1 • 28' I �2� 3 • • /7458' 1 I -�' 245.48' = 8783' 1 ®� 1-PM-61 60 11 18-L5-21 • i . I • EXHIBIT "B" Page 2 of 2 \/. r . Scale 1"=80' I . . 50' 40' ,y • • • I as cl . Cherry -AYr1./0 . - . 3742' • • • R=15' 244.14' 129.85' • U Le23.67' - . K• 1 - 50' . _ . o lv.®Y A ro , 31,546 t 5F L p T C o� . • • 3!;844 t SF _ ry 257.75' Ili•. - " - N • . 01 I 31,289 t SF • h . ; X • 256' 130.00' . o ISO' 225' 11' . •� I • ._ A& qq—/Q4 (/-FM- -,/,) r co . - Farce l 1 . - . Parce 1 2 - ti . O • • ® • � 50' - d o . ® p �- ��p , C • t pj • :00. • • Pai • • . . 1 • . • • XHIE3I 7 rr5 rr 18.81 • / • / : 50' / : 1 /•