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.