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PC R 03-1858RESOLUTION NO. 03-1858 A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APROVE LOT LINE ADJUSTMENT 02-005, INVOLVING LOTS 1 AND 37 OF TRACT 2265, APPLIED FOR BY STEPHEN HAUCK WHEREAS, the applicant has filed for Lot Line Adjustment 02-005 to transfer 1 18,839 square-feet from Lot 37 to Lot 1 in Tract 2265; and WHEREAS, the Planning Commission has considered that a portion of Lot 37 has been dedicated to the City through an Open Space Agreement; and WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public hearing on Lot Line Adjustment 02-005 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: FINDINGS FOR APPROVAL: 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; 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. RESOLUTION NO. 03-1858 LOT LINE ADJUSTMENT 02-005 PAGE20F3 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo ,Grande hereby approves recommends that the City Council approve Lot Line Adjustment 02-005 and enter into an open space agreement with the applicant covering the portion of land transferred from Lot 37 to Lot 1 in Tract 2265, 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 Arnold, seconded by Commissioner Guthrie, and by the following roll call vote, to wit: AYES: Commissioners Arnold, Guthrie, Brown, Fowler and Vice Chair Keen NOES: None ABSENT: None the foregoing Resolution was adopted this 21 S day of January, 2003. ATT ST: ;, ��Zil��%�i1�. LYN REARDON-SMITH, COMMISSION CLERK TO COMMUNITY DEVELVPMENT DIRECTOR / / �i�i�i �%► - .- , RESOLUTION NO. 03-1858 LOT LINE ADJUSTMENT 02-005 PAGE30F3 � EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 02-005 LOTS 1 AND 37 IN TRACT 2265 •►iii ► r � •'►i ► � '_: ►i ► ► :: • •► This approval authorizes the transfer of 118,839 square-feet of land from Lot 37 to Lot 1 in Tract 2265. 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 02-005. 3. The project shall occur in substantial conformance with the plans presented to the Planning Commission at its meeting of January 21, 2003 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 cour� 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. - • •.� •. 5. The applicant shall enter into an open space agreement with the City covering the portion of land transferred from Lot 37 to Lot 1 in Tract 2265. V