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PC R 02-1852RESOLUTION NO. 02-1852 A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION APPROVING LOT LINE ADJUSTMENT CASE NO. 02-002 TO RECONFIGURE TWO (2) LOTS, LOCATED AT 1405 EAST GRAND AVENUE, APPLIED FOR BY TED MOORE, E.F. MOORE AND COMPANY WHEREAS, the applicant has filed for a Lot Line Adjustment Case No. 02-002 to reconfigure two (2) lots, located at 1405 East Grand Avenue; and WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public hearing on Lot Line Adjustment Case No. 02-002 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 under the provisions of the California Environmental Quality Act (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 that the lots were legally created and the following findings exist: Findings Regardinq Lot Line Adjustment 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. 7. Create a nonconforming lot in the development district, in which it exists, except as allowed in Section 16.48.110 of the Development Code. RESOLUTION NO. 02-1852 LOT LINE ADJUSTMENT 02-002 PAGE20F4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment Case No. 02-002 as shown in Exhibit "A" with the above findings and subject to the conditions as set forth in Exhibit "B", attached hereto and incorporated herein by this reference. On motion by Commissioner Guthrie, seconded by Commissioner Brown, and by the following roll call vote, to wit: AYES: Guthrie, Brown, Fowler, Keen and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 15 day of October, 2002. ATTEST: � L n Reardon-Smith, Commission Clerk Rob Strong Community Develop �. � Joseph M. Costello, Chair �� � AS TO CONTENT: RESOLUTION NO. 02-1852 LOT LINE ADJUSTMENT 02-002 PAGE 3 OF 4 EXHIBIT "B" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT CASE NO. 00-005 CERTIFIGATE OF COMPLIANCE CASE NO. 00-002 DB & M Properties 528, 522 and 520 East Branch Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the lot line adjustment between two (2) lots as follows: Existin Pro osed Parcel 1: 1.71 acres 74,488 s.f. 1.72 acres 74,923 s.f. Parcel 2: 12,892 s.f. 12,386 s.f. 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 No. 02-002. 3. This application shall automatically expire on October 15, 2004 unless the Certificate for Lot Line Adjustment, in conformance with Exhibit "A", is recorded or an extension is granted pursuant to Section 16.16.140 of the Development Code. 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. 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 GENERAL CONDITIONS 5. Fees - The applicant shall pay all applicable City fees at the time they are due. RESOLUTION NO. LOT LINE ADJUSTMENT 02-002 PAGE 4 OF 4 6. Recording - The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. 7. Encroachment Permits - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. PRIOR TO RECORDING THE CERTIFICATE OF COMPLIANCE: 8. Preliminary Title Report - A current preliminary title report shall be submitted to the Director of Public Works prior to checking the final documents. 9. Tax Certificate - In accordance with Section 16.68.130 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. PRIOR TO ISSUING A BUILDING PERMIT: 10. Certificate of Compliance — A Certificate of Compliance for the Lot Line Adjustment shall be recorded with all pertinent conditions of approval satisfied.