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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 N66 °57'00"E 50.00` I6.00' 34.00' �, ( � 0 I O � I �3�nri�tt �Y�. (60' wlde R.O.W.) Scale 1 "=20' � � � � � m .� ` �� Om J � V� � LOt 16 (.� 750 SF) LOt 1� �-- (3750 5F� _- " ' � 6 � ( a L t 21 "� ' a � � �,qio s� � a l O 3 u� existing -�-� hovse � I� O m Im O � I ry new t� - 0 IZ garage – p O � 7 ' 4 " 5 � r r – – O � � o Guest parking � � � I area m m 0 I = O O � `fl ry � � Z Z � � �i°h! L 06-172-022 N66 °57'00 "E 34.00' O � --- � BUILDING � I ENYELOP� ( � I�o t 22 "� " i ° o a � o � Q � �� 4,840 SF i 5' t �� O, �tQ � 5 � --- -J O N66 °57'00 "F 50.00' � (3125 S�) (3I2�5 SF) OWNERS: t2and � 509 $eni �4rroyo C Phone 4'. .ne Neff Ave. �e, GA. 93420 o u � cn — �N � �m � Fxisting lot sizes w/in APN 006-172-022 Lot 13 ( or.� 1250 SF Lot 14 �or.) t250 SF Lot 21 3125 SF Lot 22 3125 SF Lot 14 (por.) (2500 SF) Lot 1� (por.� (2500 SF) ��C�f1 � 1 T "� " q I 10 I