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PC R 04-1944RESOLUTION NO. 04-1944 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT MERGER 04-004; LOCATED AT 585 MAY STREET; APPLIED FOR BY MATT FREELAND WHEREAS, the applicant has filed Lot Merger 04-004 to merge four (4) lots into two (2) residential lots; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Lot Merger 04-004 on its Consent Agenda 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, deliberation and discussion, the following circumstances exist: Lot Line Adjustment Findings: This Lot Line Adjustment does not: 1. Create any new lots; The proposed project wou/d decrease the number of lots from four (4) to two (2). 2. Include any lots or parcels created illegally; Although substandard, all lots involved in the proposed project were created according to standa�ds in place at the time of their crea tion. 3. Impair any existing access or create a need for access to any adjacent lots or parcels; Access to both lots wil/ be from May Street. 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; There are no existing easements recorded on the property will not create a need for additional 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; RESOLUTION NO. 04-1944 DECEMBER 7, 2004 PAG E 2 of 5 The proposed project would reduce the number of lots and each remaining lot would be more conforming to the Residential Suburban (RSl zoning district. 6. Require substantial alteration of any existing improvements or create a need for any new improvements; The proposed project will not require any alteration of existing improvements, nor will it create a need for any new public impro vemen ts. 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Section 16.48.1 10 of this title. The proposed project would not cause any lot to become less conforming to the Residential Suburban (RS) zoning district. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Merger 04-004 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 Keen, seconded by Commissioner Fowler, and by a 3/0 voice vote. the foregoing Resolution was adopted this 7 day of December 2004. ATTEST: /� �—��� � 1 �•'c!�,��'017 L REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO COPI�ENT: � ROB STRONG; COMMUNITY DEVELOP ENT DIRECTOR � .... c���... _. _ .� - . I _i � RESOLUTION NO. 04-1944 DECEMBER 7, 2004 PAGE 3 of 5 EXHIBIT " A" CONDITIONS OF APPROVAL LOT MERGER 04-004 • ►� ►� ► � • � ►� ► � � � : ►i ► GENERAL CONDITIONS: This approval authorizes a lot merger of four (4) lots into two (2) residential lots at 585 May Street. 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 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. 3. Remodeling of the existing house shall be in substantial conformance with Viewshed Review 04-017 prior to recording the Certificate of Compliance/Lot Line Adjustment. Rllll I�IN(; I�FP�RTMFNT GENERAL CONDITIONS: 4. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. 5. Prior to issuance of a building permit and/or certificate of compliance, a demolition permit must be applied for, approved and issued. Development fees resulting from demolition will be appropriately credited to the property. • : �: � �: •: • :► • _ : � ► ' :►� •► ► � 1 : :► '_: 6. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. RESOLUTION NO. 04-1944 DECEMBER 7, 2004 PAG E 4 of 5 7 � 0 10 11 Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. Sewer hook-up � facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 12. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 13 14 15 iL 17 r'E.'•' 19 Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance. Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. Affordable Housing in lieu fee, as conditioned for this project. ' � � : � ' � : ► � ► GENERAL CONDITIONS: 20. The applicant shall pay all applicable fees at the time they are due, RESOLUTION NO. 04-1944 DECEMBER 7, 2004 PAGE5of5 21. The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance, 22. The Certificate of Compliance shall be finalized by recording Certificates of Compliance, 23. A current preliminary title report shall be submitted to the Director of Public Works prior to checking the final documents, 24. 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 prior to recording the certificates of compliance, 25. Prior to building permit for viewshed review for new development, the applicant shall underground existing overhead utilities across frontage, pay in-lieu fee or obtain a waiver. � �