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PC R 99-1704RESOLUTION NO. 99-1704 A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION APPROVING LOT LINE �- ADJUSTMENT C�ASE NO. 99-001 AND VARIANCE CASE NO. 99-004 FOR TWO (2) LOTS, LOCATED AT 1597 CHILTON STREET, APPLIED FOR BY JACK AND DEANNE CROFT WHEREAS, the applicant has filed for a Lot Line Adjustment Case No. 99-001 in conjunction with a Variance Case No. 99-004 for two (2) lots located at 1597 Chilton Street; and WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public � hearing on Lot Line Adjustment Case No. 99-001 and Variance Case No. 99-004 in accordance with City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan and Development Code; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing that the lots were legally created and the following findings exist: Findings Regarding Lot Line Adjustment The Planning Commission has approved or conditionally approved a Lot Line Adjustment that DOES not: 1. Create any new lots. 2. Include any lots or parcels created illegally. 3. 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. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards. 6. Require substantial alteration of any existing improvements or create a need for any new improvements. 7. Create a nonconforming lot in the development district, in which it exists, except as allowed in Section 9-10.100 of the Development Code. Variance The Planning Commission has approved a Variance because the following findings were made in an affirmative manner: 1. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area. 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone. 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone. 4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. 5. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 6. That the granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment Case No. 99-001 and Variance Case No. 99-004 with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Parker, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Keen, London, Parker, and Chair Greene NOES: None ABSENT: Commissioner Costello the foregoing Resolution was adopted this 3rd day of August 1999. ATTEST: Kathleen Fryer, Commissio Clerk AS TO ONTENT: � Tom Buf Interim Community Development Director �Cl:�c�u�e� �1. �'.�� Laurence Greene, Chair � 9 ATTACHMENT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT CASE NO. 99-001 AND VARIANCE CASE NO. 99-004 JACK AND DEANNE CROFT 1597 CHILTON STREET COMMUNITY DEVELOPMENT DEPARTMENT General Conditions This approval authorizes the reconfiguration of 2 existing lots. 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 99-001, and Variance 99-004. 3. This application shall automatically expire on August 3, 2001 unless a Certificate of Compliance is recorded. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of August 3, 1999 and marked Exhibit "A". 5. The applicant 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 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 under this condition. Development Code 6. Development shall conform to the RS zoning requirements except as otherwise approved. PUBLIC WORKS DEPARTMENT General Improvement Requirements 7. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. 8. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed 6y the Director of Public Works or the Community Development Director. � 10 11. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. All new public utilities shall be installed as underground facilities except as noted. The existing above ground electrical and cable services may remain. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 12. All improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 13. The applicant shall pay all applicable City fees at the time they are due. 14. Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars and 2 sets of prints of the approved record drawings (as builts) 15. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8%2 x 1 1 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a currents preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. Easements and Dedications 16. Prior to recording the certificate of compliance, a Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to Chilton Street. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 17. Prior to recording the certificate of compliance, street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way. � � 18. Prior to recording the certificate of compliance, private easements shall be reserved on the map or other document acceptable to the City, for the shared utility access, drainage, water, a� sewer, and driveway use and maintenance agreement. The easement shall include the area shown on the site plan as a e private drive. 19. Prior to recording the certificate of compliance, the existing water and sewer services shall be relocated or abandoned per the requirements of the Director of Public Works. New services for Parcel 2 shall be installed in the proposed easement. The existing services may be used for Parcel 1. 20. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 21. Prior to recording the certificate of compliance, the driveway-serving Parcel 2 shall be relocated to within the easement. 22. Prior to recording the certificate of compliance, the applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the certificate of com�liance, unless noted otherwise. A. Faithful Performance, 100% of the approved estimated cost of all subdivision improvements. B. Labor and Materials, 50% of the approved estimated cost of all subdivision improvements. C. Monumentation, 100% of the estimated cost of setting survey monuments. 23. The lot line adjustment shall be finalized by recording the Certificate of Compliance, and by subsequent deed transfers. �,.