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PC R 97-1609RESOLUTION NO. 97-1609 A RESOLUTION OF THE PLAI�TNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION APPROVING LOT LINE ADJUSTMENT CASE NO. 96-534, LOCATED AT 1180 MAPLE STREET, APPLIED FOR BY MOLLY AND ERNEST SANTA CRUZ WHFREAS, the Planning Commission of the City of Arroyo Grande has held a public hearing on Lot Line Adjustment Case No. 96-534 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 refened 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 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 MF 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 Anoyo 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. 96-534. 2. Based on the initial study, a negative declaration was prepared for review by the public and review and approval by the Planning Commission. Resolution No. 97-16Q9 Lot Line Adjustment Case No. 96-534 1180 Maple Street March 18, 1997 Page 2 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined �y Section 711_2 of the Fish and Game Code or on the liabitat 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, instructs the Secretary to file a Notice of Determination, and approves Lot Line Adj�stment Case No. 96-534, with the above findings and subject to the conditions as set forth in Attachments "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Titus, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Commissioners Titus, Deviny, Lubin and Tappan None Commissioner Keen the foregoing Resolution was adopted this 18th day of March, 1997. ATTEST: . ,� � Lucille reese, Commission Clerk TO C( I 014R-,r- Doreen Lit n � � William Tapp , �Chair Blanck, Community Development Director EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJiTSTN�NT CASE NO. 9G-534 Molly and Ernest Santa Cruz 1180 Maple Street/175 South Elm Street CONIlVIUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes (describe project including size and the number of units, if applicable). 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 March 18, 1999 unless a building permit is issued. Tfiirty (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 March 18, 1997 and marked Exhibit "B" . 4. 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 reimbur.se the City, its agents, officers, or employees, for any court costs and attorney's fees 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. TREF.S 5. Prior to issuance of a demolition permit for the removal of the garagelshed located at the rear of Lot A, the applicant shall place a temporary construction fence around the adjacent oak trees. DEVELOPMENT CODE Q 7. Development shall conform with the MF zoning requirements except as otherwise approved. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations. " BONDING/SURETY 8. Prior to recordation of the finaUparcel map, the applicant shall remove or bond for removal of the garage/shed located at the rear of Lot A.