PC R 04-1923RESOLUTION NO. 04-1923
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING LOT LINE
ADJUSTMENT CASE NO. 04-001 AND VARIANCE 04-001
LOCATED AT 509 BENNETT STREET, APPLIED FOR BY
LORENE NEFF
WHEREAS, the applicant has filed for Lot Line Adjustment 04-001 to reconfigure Lot 13
(portion), Lot 14 (portion), Lot 21 and Lot 22 all under Assessor's Parcel Number 006-
172-022 into finro parcels — Lot 21 A and Lot 22A totaling 3,910 and 4,840 square feet
respectively; and
WHEREAS, the applicant has filed for a variance as depicted on Exhibit "B" to allow for a
7 foot 4 inch side yard setback on Lot 21 A and a 16 foot wide flag lot stem, 5 foot side
yard setbacks and a 10 foot rear yard setback for Lot 22 A.
WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public
hearing on Lot Line Adjustment 04-001 and Variance 04-001 in accordance with City
Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
City's General Plan and Development Code; 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 public
hearing, the following circumstances exist:
Lot Line Adjustment Findings:
1. The proposed lot line adjustment will not create any new lots;
2. The proposed lot line adjustment will not include any lots or parcels created
illegally;
3. The proposed lot line adjustment will not impair any existing access or create a
need for access to any adjacent lots or parcels;
4. The proposed lot line adjustment will not impair any existing easements or create a
need for any new easements serving adjacent lots or parcels;
5. The proposed lot line adjustment will not constitute poor land planning or
undesirable lot configurations due to existing environmental conditions or current
zoning development standards;
RESOLUTION NO. 04-1923
LOT LINE ADJUSTMENT 04-001 AND VARIANCE 04-001
PAGE20F6
6. The proposed lot line adjustment will not require substantial alteration of any
existing improvements or create a need for any new improvements;
7. The proposed lot line adjustment will not create a nonconforming lot in the
development district in which it exists, except as allowed in Section 16.48.110 of
this title.
Variance Findings
1. The strict or literal interpretation and enforcement of the specified regulation would
result in practical difficulty or unnecessary hardship not otherwise shared by others
within the surrounding area.
2. That there are exceptional or extraordinary circumstances or conditions applicable
to the property involved or to the intended use of the property that do not apply
generally to other properties classified in the same zone.
3. That strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
classified in the same zone.
4. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone.
5. That the granting of the variance will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity.
6. That the granting of a variance is consistent with the objectives and policies of the
General Plan and the intent of the Development Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Lot Line Adjustment 04-001, 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 Keen, seconded by Commissioner Fowler, and by the
following roll call vote, to wit:
AYES: Commissioners Keen, Fowler, Arnold, Brown and Chair Guthrie
NOES:
ABSENT:
the foregoing Resolution was adopted this 6 th day of June, 2004.
RESOLUTION NO. 04-1923
LOT LINE ADJUSTMENT 04-001 AND VARIANCE 04-001
PAGE30F6
ATTEST:
KATHRYN M DOZA,
SECRETARY TO THE COMMISSION
TO CONTENT:
ROB
COMMUNITY DEVELOPME T DIRECTOR
MES GUTHRIE, CHAIR
RESOLUTION NO. 04-1923
LOT LINE ADJUSTMENT 04-001 AND VARIANCE 04-001
PAGE40F6
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE 04-001
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes Line Adjustment 04=001 and Variance 04-001 to reconfigure Lot
13 (portion), Lot 14 (portion), Lot 21 and Lot 22 all under Assessor's Parcel Number 006-
172-022 into finro parcels — Lot 21A and Lot 22A totaling 3,910 and 4,840 square feet
respectively and allow for a 7 foot 4 inch side yard setback on Lot 21 A and a 16 foot wide
flag lot stem, 5 foot side yard setbacks and a 10 foot rear yard setback for Lot 22 A.
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 Variance 04-001.
3. The project shall occur in substantial conformance with the plans presented to the
Planning Commission at its meeting of April 6, 2004 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 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.
PUBLIC WORKS DEPARTMENT
5. The applicant shall pay all applicable fees at the time they are due.
6. The applicant shall have a licensed land surveyor in the State of California prepare
the Certificate of Compliance for Lot Line Adjustment.
7. The Lot Line Adjustment shall be finalized by recording Certificates of Compliance
or a Lot Line Adjustment Map, and by subsequent deed transfers. .
8. A current preliminary title report shall be submitted to the Director of Public Works
prior to checking the final documents.
RESOLUTION NO. 04-1923
LOT LINE ADJUSTMENT 04-001 AND VARIANCE 04-001
PAGE50F6
9.
10.
11.
12.
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.
As a condition of the variance, the applicant shall install curb, gutter and sidewalk
across the property frontage.
The applicant shall dedicate an access easement for Lot 21A over the driveway of
Lot 22A.
13. The applicant shall submit a driveway maintenance agreement to be recorded
concurrently with the Certificate of Compliance for maintenance of the shared
driveway, subject to the review and approval of the City Attorney and Director of
Public Works.
BUILDING DEPARTMENT
14. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
15
16
All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
Project shall have a fire flow of 1,000 gallons per minute for a duration of 2 hours.
17. Prior to map recordation, the existing house must be fully sprinklered per
Building and Fire Department guidelines. New house on parcel 22A must be
sprinklered when permitted.
iE:
19
20.
Water Meter, service main, distribution, and availability fees, to be based on codes
and rates in effect at the time of building permit issuance.
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.
21. Traffic Signalization fee, to be based on codes and rates in effect at the time of
building permit issuance.
22. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at
the time of building permit issuance.
RESOLUTION NO. 04-1923
LOT LINE ADJUSTMENT 04-001 AND VARIANCE 04-001
PAGE60F6
23. Building Permit fees, to be based on codes and rates in effect at the time of
building permit issuance.
24. 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.
25. Park Development fee, to be based on codes and rates in effect at the time of
building permit issuance.
26. Park Improvements fee, to be based on codes and rates in effect at the time of
building permit issuance.
27. Street Tree fees, to be based on codes and rates in effect at the time of building
permit issuance.
28. Community Centers fee, to be based on codes and rates in effect at the time of
building permit issuance.
29. Fire Protection fee, to be based on codes and rates in effect at the time of building
permit issuance.
30. Police Facilities fee, to be based on codes and rates in effect at the time of building
permit issuance
EXHIBIT B
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