PC R 13-2179RESOLUTION NO. 13 -2179
RESOLUTION • • OF
THE CITY OF ARROYO GRANDE APPROVING
CERTIFICATE OF • - 001; LOCATIO
MELTON MAGNOLIA DRIVE; APPLICANT- WILLIAM
BRODIE LESOURD
WHEREAS, the applicant proposes to certify two legal lots located at 926 Magnolia
Drive commonly known as APN 077 - 353 -009 and APN 077 - 353 -010; and
WHEREAS, Municipal Code Table 16.12.030 (B) requires that certificates of
compliance be reviewed and approved by the Planning Commission; and
WHEREAS, the Planning Commission reviewed the project at its meeting on March 19,
2013; and
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:
1. Lots 30 and 31 of Block 5 of Oceano Beckett's Addition, recorded February 4,
1908, are not separate legal lots (see Witt Home Ranch, Inc. v. County of
Sonoma), but were conveyed as a single unit and, together, constitute a legal
lot; and
2. Lots 32, 33, 34, and 35 of Block 5 of Oceano Beckett's Addition, recorded
February 4, 1908, are not separate legal lots (see Witt Home Ranch, Inc. v.
County of Sonoma), but were conveyed as a single unit and, together,
constitute a legal lot.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Certificate of Compliance 13 -001 with the above
findings and subject to the conditions as set forth in Exhibit "A ", attached hereto and
incorporated herein by this reference.
On a motion by Commissioner Barneich, seconded by Commissioner Sperow and by the
following roll call vote to wit:
AYES:
Barneich, Sperow, Keen, Martin, Ruth
NOES:
None
ABSENT:
None
the foregoing Resolution was adopted this 19th day of March 2013.
RESOLUTION NO. 13-2179
MARCH 19, 2013
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-AESOLUTION NO. 13-2171
MARCH 19, 2013
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EXHIBIT 'W$
CONDITIONS OF APPROVAL
T.. ► OF •
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 Certificate of
Compliance 13 -001.
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,
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 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 shall be recorded with all pertinent conditions of
approval satisfied prior to issuing a building permit.
9. The street improvements located with the private lot area shall show as dedicated
to the City on the certificate.
10. The existing well located on APN 077 - 353 -010 shall be capped and abandoned
per County Health Department requirements prior to recordation of the certificate.