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PC R 97-1620RESOLUTION NO. 97-1620 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING LOT LINE ADJUSTMENT CASE N0. 97-538, LOCATED AT 116 HART LANE, APPLIED FOR BY MARTHA HART FAMILY TRUST WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public hearing on Lot Line Adjustment Case No. 97-538 in accordance with 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 (CEQA), the CEQA guidelines, and the City's Rules and Procedures for the Implementation of CEQA; and WHEREAS, said Lot Line Adjustment was recommended for approval by 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 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 non-conforming lot in the VC zoning district. 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. 97-538. 2. Based on the initial st�dy, a negative declaration was prepared for review by the public and review and approval by the Planning Commission. Resofution No. 97-1620 Lot Line Adjustment Case No. 97-538 Martha Hart Famiiy Trust May 6, 1997 Page 2 3. After holding a pu considering the rec negative declaration significant adverse resources as defined habitat upon which project. blic hearing pursuant to State and City Codes, and ord as a whole, the Planning Commission adopted the and found that there is no substantial evidence of any effect, either individually or cumulatively on wildlife by Section 71 1.2 of the Fish and Game Code or on the the wildlife depends as a result of development of this NOW, THEREFORE, BE IT RESOLVED that the Ptanning Commission of the City of Arroyo Grande hereby adopts a negative declaration, instructs the Secretary to file a Notice of Determination, and approves Lot Line Adjustment Case No. 97-538, 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 Haney, seconded by Commissioner 0'Donnell, and by the following roll call vote, to wit: AYES: Commissioners Haney, 0'Donnell, Rondeau, Greene and Lubin NOES: None ABSENT: None the foregoing Resolution was adopted this 6th day of May, 1997. ATTEST: Lu ' e reese, Com ission lerk TO COaTENT: reen Li�rto-Blanck, Community Development Director Resolution No. 97-1620 ATTACHMENT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT CASE N0. 97-538 Hart Family Trust 116 Hart Lane COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes a lot line adjustment between two existing commerciai lots. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Lot Line Adjustment Case No. 97-538. 3. This application shall automatically expire on May 6, 1999 unless the lot line adjustment has been 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 May 6, 1997 and marked Exhibit n 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 with the Village Commercial zoning requirements except as otherwise approved. PUBLIC WORKS DEPARTMENT . � SPEC/AL COND/T/ON 7. Prior to recording the Lot Line Adjustment, the applicant shall record a drainage easement over Lot h to accept drainage from Lot 2.