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PC R 09-2086RESOLUTION NO. 09-2086 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT 09-002; LOCATED AT 379 AND 393 CORBETT CANYON ROAD; APPLIED FOR BY NEIL AND BETTY MILNE / POLLY KINGSLEY WHEREAS, the applicant has filed Lot Line Adjustment 09-002 to adjust the lot lines of four (4) lots (APNs 007-791-011, 007-791-029) resulting in three (3) parcels of 1.71 acres, 2.09 acres and 2.09 acres, respectively; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Lot Line Adjustment 09-002 on July 7, 2009 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt per Section 15305 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study and deliberation, the following circumstances exist: Lot Line Adjustment Findings: The following Lot Line Adjustment does not: 1. Create any new lots; The proposed project does not create any new lots as indicated by the map identified as Exhibit "8." 2. Include any lots or parcels created illegally; All lots were created legally according to the Municipal Code of the City of Arroyo Grande and the State of California Subdivision Map Act. 3. Impair any existing access or create a need for access to any adjacent lots or parcels; The proposed lot line adjustment does not 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; RESOLUTION NO. 09-2086 LLA 09-002 J U LY 7, 2009 PAG E 2 of 5 The proposed lot line adjustment does not impair any existing easements ` nor does it create the need for any new easements to serve adjacent lots. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards; The proposed Idt line adjustment is consistent with the Residential Hillside (RH) zoning district, which regulates development of the properties involved in the lot line adjustment. 6. Require substantial alteration of any existing improvements or create a need for any new improvements; The only required alteration of existing improvements is the widening of two (2) driveways, which is a minor rather than substantial alteration. 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Section 16.48.110 of this title. The proposed lot line adjustment does not create any non-conforming lots. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment 09-002 with the above findings and subject to the conditions as set forth in Exhibit "A" and consistent with the map marked Exhibit "B," attached hereto and incorporated herein by this reference. On motion by Commissioner Ruth, seconded by Chair Ray, and by the following roll call vote, to wit: AYES: Commissioners Ruth, Ray, Barneich, Brown and Keen NOES: None ABSENT: None the foregoing Resolution was adopted this 7 th day of July, 2009. � _� RESOLUTION NO. 09-2086 LLA 09-002 � JULY 7, 2009 PAGE 3 of 5 ATTEST: : ;. DEBORAH WEICHINGE , SECRETARY TO THE COMMISSION AS TO CONTE COMMUNITY �DE DIRECTOR CAREN RA�( CHAIR RESOLUTION NO. 09-2086 LLA 09-002 JULY 7, 2009 PAG E 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 09-002 This approval authorizes a lot line adjustment between four (4) lots (APNs 007-791-011, 007-791-029) resulting in three (3) parcels of 1.71 acres, 2.09 acres and 2.09 acres, respectively. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 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 09-002. � 3. The applicant agrees 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 this 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. PLANNING DIVISION CONDITIONS: 4. Prior to recording Certificates of Compliance or Lot Line Adjustment Map, the exhibit shall be revised to include an access easement across Parcel C for the benefit of Parcel A, subject to review and approval of the Community Development Directory and City Attorney. 5. Prior to recording Certificates of Compliance or Lot Line Adjustment Map, the exhibit shall be revised to include an offer of dedication to the City for the portion of the project area within 25' of the top of bank of both Corbett Canyon Creek and Carpenter Canyon Creek, subject to review and approval of the Community Development Directory and City Attorney. 6. Prior to issuance of a building permit, both existing driveways shall be improved to a minimum width of 20' � �_� RESOLUTION NO. 09-2086 LLA 09-002 J U LY 7, 2009 PAGE 5 of 5 ENGINEERING DIVISION CONDITIONS: 7. 8. 9. 10. 11. 12. 13. 14. Access to a public street shall be provided for each lot. Each lot shall be served by individual utilities that do not cross property lines unless private easements are provided. The applicant shall pay all applicable fees at the time they are due. The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance for Lot Line Adjustment. The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. A current preliminary title report shall be submitted to the Director of Public Works prior to checking the final documents. The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. A Certificate of Compliance for Lot Line Adjustment shall be recorded with all pertinent conditions of approval satisfied prior to issuing a building permit.