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PC R 97-1635RESOLUTION N0. 97-1635 A RESOLUTlON OF THE PLANNING COMMISSION OE THE C(TY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT CASE NO. 97-541, LOCATED AT 1097 FARROLL AVENUE, APPLIED FOR BY ED DORFMAN; ADOPTION OF A NEGATIVE DECLARATION W(TH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION � WHEREAS, the Pianning Commission of the City of Arroyo Grande has held a pubiic hearing on Lot Line Adjustment Case No. 97-541 in accordance with City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Development Code; and WHEREAS, this application has been filed in conjunction with. Conditionat Use Permit Case No. 97-559 and Variance Case No. 97-203; and WHEREAS, the Planning Commission has reviewed this project in compliance with the Cafifornia Environmental Quality Act (CEQA), and has determined that a Negative Declaration can be adopted, and instructs the Secretary to file a Notice of Determination; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: � This Lot Line Adjustment wiil not: 1. Create any new lots. 2. 3. 4. 5. 6. 7. Include any lots or parcels created illegally. Impair any existinglaccess or create a need for access to any adjacent lots or parcels. � . Impair any existing ease'ments or create a need for any new easements serving adjacent lots or parcels. r Constitute poor land planning or undesirable lot configurations due ta existing environmental conditions or current zoning development standards. Require substantial alteration of any existing improvements or create a need for any new improvements. Create a non-conforming lot in the MF zoning district, except as allowed in Section 9-10.100 of this Title. Department of Fish and Game Required Findings 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Lot Line Adjustment Case No. 97-541. Resolution No. 97-1635 Lot Line Adjustment Case No. 97-541 Ed Dorfman October 7, 1997 Page 2 2. � Based on the initial study, a negative deciaration was prepared for pub(ic comment, and reviewed and approved by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Ptanning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually 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 adopts a negative declaration with mitigation measures, instructs the Secretary to file a Notice of Determination; and approves said Lot Line Adjustment Case No. 97-541 subject to the conditions in Attachment "A". On motion by Commissioner Greene, seconded by Commissioner 0'Donnell, and by the following roll call vote, to wit: AYES: Commissioner Greene, 0'Donnell, Haney, Rondeau and Lubin NOES: None . ABSENT: None the foregoing Resolution was adopted this 7th day of October 1997. ATTEST: �. � Pearl L. Phinney, Commiss' n Clerk A6 TO CONTENT: Doreen L berto-Blanck, AICP Community Development Director ATTACHMENT "A" CONDITIONS OF APPROVAL LOT L1NE ADJUSTMENT CASE N0. 97-541 EDW(N & KAY DORFMAN .1097 Farroll Avenue COMMUNITY DEVELOPMENT DEPARTMENT GENERAL COND(TIONS This approval authorizes the reconfiguration of 40 existing lots, portions of 20 lots, and three (31 previousfy abandoned roads into 37 lots. 1. The appiicant shall ascertain and comply with all Federal, State, Cou�ty and City requirements as are appficable to this project. � 2. The applicant shall comply with all conditions of approval for Lot Line Adjustment 97-541, Conditional Use Permit Case No. 97-559, and Variance 97-203. � . 3. This application shall automatically expire on October 7, 1999 unless a building permit is issued. 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 October 7, 1997 and marked Exhibits "A", "B", and "C". 5. The applicant shall agree to defend at his/her sole expense any action brought f 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 MF zoning requirements except as otherwise approved. PUBLIC WORKS DEPARTMENT DEDICATIONS AND EASEMENTS 7. The property owner shall offer for dedication to the public the right-of-way for the foilowing streets. . a. Starlight Lane, 50 feet wide. b. Farroll Avenue, 59 feet wide. (9 foot widening on the South side) 8. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 9. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 15 feet beyond the right of way. Street tree planting locations shall be coordinated � with utility design to avoid conflict. � 10. Access shall be denied to Farroll Avenue from lots 38 and 74. The access denial shall be offered by the property owner and recorded on the map or other document as is acceptable to the City. 11. Easements shall be dedicated to the public on the map, or other separate document approved by the City, for the following: a. Storm drain easements where shown on the tentative map or where required by the Director of Public Works. The easements shall be a minimum of 10 feet wide.