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PC R 98-1668RESOLUTION NO. 98-1668 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LlNE ADJUSTMENT AND CERTlFICATE OF COMPLIQNCE CASE NO. 98-550, LOCATED AT 168 AND 172 SPRUCE STREET, APPLIED FOR BY NORMAN AND ANNA STEWART WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public hearing on Lot Line Adjustment and Certificate of Compliance Case No. 98-550 in accordance with the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental Documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA1, the CEQA guidelines, and the City's Rules and Procedures for the Implementation of CEQA; and WHEREAS, said Lot Line Adjustment was referred to the Planning Commission by various City Departments and the Staff Advisory Committee; and WHEREAS, the Planning Commission finds, after due study, deliberation, and public hearing, the following circumstances exist: This Lot Line Adjustment will not: 1. Create any new lots. 2. Include any lots or parcels created illegatly. 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 non-conforming lot in the SF zoning district, except as allowed in Section 9-10.100 of the City's Development Code. Department of Fish and Game Required Findings 1. The City of Arroyo Grande has determined that Lot Line Adjustment Case No. 98-550 is exempt from the provisions of CEQA pursuant to Categorical Exemption § 15305 (a), "Minor Alterations in Land Use Limitations," of the Guidefines of the California Environmental Quality Act. Resolution No. 98-1668 Lot Line Adjustment & Certificate of Compliance Case No. 98-550 168 and 172 Spruce Street October 6, 1998 Page 2 2. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission found that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby determines the project to be exempt from the provisions of the California Environmental Quality Act, instructs the Secretary to file a Notice of Exemption, and approves Lot Line Adjustment and Certificate of Compliance Case No. 98-550, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. FURTHER, the Planning Commission has determined that said property will be divided in compliance with the provisions of the Subdivision Map Act and Title 9 of the Arroyo Grande Development Code. Therefore, the Commission directs the Community Development Director to record a Certificate of Compliance with the County Recorder when all conditions of approval have been satisfied. On motion by Commissioner Greene, seconded by Commissioner Haney, and by the following roll call vote, to wit: AYES: Commissioners Greene, Haney, Keen, Parker and Lubin NOES: None ABSENT: None the foregoing Resolution was adopted this 6th day of October, 1998. ATTEST: CL �c? � . � Kathleen Fryer, Commis 'on Clerk AS TO CONTENT: �/ es Hamilton, AICP Community Development Director � n i � '� � . .. . �, Resolution No. 98-1668 Lot Line Adjustment & Certificate of Compliance Case No. 98-550 168 and 172 Spruce Street October 6, 1998 Page 3 ATTACHMENT "A" CONDITIONS OF APPROVAL General Conditions: 1. The applicant shall ascertain and comply with all Federal, State, County, and City requirements as are applicable to this project. . 2. This application shall automatically expire on October 6, 2000 unless the lot line adjustment 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. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of October 6, 1998 and marked "Exhibit B". 4. The applicant shall as a condition of approval of this lot line adjustment agree to defend, indemnify and hold harmless the City, its agents, officers and employees from any claim, action or proceeding brought within the time period provided for in Government Code Section 66499.37 against the City, its agents, officers, or employees, to attack, set aside, void or annul the City's approval of this subdivision. In order for this condition to be effective, the City must promptly notify subdivider of any such claim, action or proceeding and must cooperate fully in the defense thereof. Public Works Conditions: 5. All existing easements, offers of dedication, and agreements applicable to the existing parcels shall be retained and shown on the recorded documents. 6. This Lot Line Adjustment shall be finalized by recordation of the parcel boundary description on a form approved by the City, and by deed transfers in accordance with the Subdivision Map Act. 7. Prior to recordation of a Certificate of Compliance for Lot Line Adjustment No. 98-550, all conditions of approval shall be satisfied. The Certificate of Compliance shall be prepared and approved by the Director of Public Works, ar designee, prior to recordation.