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PC R 06-2001RESOLUTION NO. 06-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE TO APPROVE LOT LINE ADJUSTMENT CASE NO. 02-001 LOCATED AT 1052 EAST GRAND AVENUE, APPLIED FOR BY RICHARD AND KENT BLANKENBURG WHEREAS, the Planning Commission of the City of Arroyo Grande has reconsidered Lot Line Adjustment Case No. 02-001, filed by Richard and Kent Blankenburg, to adjust three lots at a commercial complex in the General Commercial District; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is categorically exempt under Section 15305 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: � �- ...-•�. �� �• :-�. � �� • �- :• u-� The Planning Commission has approved or conditionally approved a Lot Line Adjustment that does 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. RESOLUTION NO. 06-2201 LOT LINE ADJUSTMENT CASE NO. 02-001 MAY 2, 2006 PAG E 2 of 4 7. Create a nonconforming lot in the development district, in which it exists, except as allowed in Section 9-10.100 of the Development Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment No. 02-001, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Brown, seconded by Commissioner Ray, and by the following roll call vote, to wit: AYES: Commissioners Brown, NOES: None ABSENT: Commissioner Fellows Ray, Tait and Chair Fellows the foregoing Resolution was adopted this 2nd day of May 2006. ATTEST: n � � L N REARDON-SMITH CHUCK FELLOWS, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: COMMUNITY DEVELOPIVIENT DIRECTOR �� �. RESOLUTION NO. 06-2201 LOT LINE ADJUSTMENT CASE NO. 02-001 MAY 2, 2006 PAGE 3 of 4 REVISED EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT NO. 02-001 Richard and Kent Blankenburg 1052 East Grand Avenue •►�►, ► � •-�� ► � •_: ►� ► ► : : •►� •► This approval authorizes the adjustment of three lots into two lots as shown on Exhibit B (AG AL 98-0174). 1 2 The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Lot Line Adjustment Case No. 02-001. 3. This application shall automatically expire on May 2, 2007 unless it 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. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of April 16, 2002, and marked Exhibit „ 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. � •�►� ► •� �� � 7. Development shall conform to the GC zoning requirements except as otherwise approved. The developer shall comply with Development Code Chapter 16.20, "Land Divisions". RESOLUTION NO. 06-2201 LOT LINE ADJUSTMENT CASE NO. 02-001 MAY 2, 2006 PAG E 4 of 4 8. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." - �•:. � •�: ►� ► •�� •� ► : : �i1�l�I��C�7,�� 9. Fees — The applicant shall pay all applicable City fees at the time they are due. 10. Recording — The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. 11. Encroachment Permits — The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. -: •: • : •:� ► . : : • •►�' :► 12. Preliminary Title Report — A current preliminary title report shall be submitted to the Director of Public Works prior to checking the final documents. 'C•: • ► ' C �► ' :1l 15 Certificate of Compliance — A Certificate of Compliance for a Lot Line Adjustment shall be recorded with all pertinent conditions of approval satisfied. � u 13. Tax Certificate — In accordance with Section 9-15.130 of the Development code, 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.