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PC R 01-1787� RESOLUTION NO. 01-1787 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE LOT LINE ADJUSTMENT CASE NO. 01- 001, LOCATED AT 880 OAK PARK BOULEVARD, APPLIED FOR BY RUSSELL SHEPPEL WHEREAS, the applicant has filed for a Lot Line Adjustment Case No. 01-001 in conjunction with a Conditional Use Permit Case No. 01-005 to reconfigure six (6) lots into four (4), located at 880 Oak Park Boulevard; and WHEREAS, the City Council of the City of Arroyo Grande has held a public hearing on Lot Line Adjustment Case No. 01-001 in accordance with City Code; and WHEREAS, the City Council has found that this project is consistent with the City's General Plan and Development Code; and WHEREAS, the City Council 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 City Council finds, after due study, deliberation and public hearing that the lots were legally created and the following findings exist: Findinas Regardinq Lot Line Adjustment Th� City Council 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 parcels. 4. Impair any existing easements or create a need adjacent lots or parcels. access to any adjacent lots or for any new easements serving 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. RESOLUTION NO. 01-1787 PAGE 2 7. Create a nonconforming lot in the development district, in which it exists, except as allowed in Section 9-10.100 of the Development Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Lot Line Adjustment Case No. 01-001 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 Brown, and by the following roll call vote, to wit: AYES: 5 NOES: 0 ABSENT: 0 the foregoing Resolution was adopted this 1 st day of May, 2001. ATTEST: v! �—�! ���� '� Lyn Reardon-Smith Planning Commission Secretary APPROVED AS TO CONTENT: Kerry McCan s Community Development Director �. � h M. Costello, Chair � � RESOLUTION NO. 01-1787 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT CASE NO. 01-001 Russell Sheppel 880 Oak Park Boulevard COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the reconfiguration of six (6) existing lots into four (4) lots. 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 comply with all conditions of approval for Lot Line Adjustment No. 01-001. 3. This application shall automatically expire on May 22, 2003 unless the Lot Line Adjustment is finalized. 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. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of May 22, 2001 and marked Exhibit "B". 5. 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. DEVELOPMENT CODE 6. Development shall conform to the Highway Service (H-S) zoning requirements of the Oak Parks Planned Development except as otherwise approved. RESOLUTION NO. 01-1787 PAGE 4 � 7. The developer shall comply with Development Code Chapter 9-04, "Land Divisions". : The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." PUBLIC WORKS DEPARTMENT GENERAL CONDITIONS � 10. 11. Fees - The applicant shall pay all applicable City fees at the time they are due. Recording - The Lot Line Adjustment shall be finalized by recording a Lot Line Adjustment Parcel Map, and by subsequent deed transfers. 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 LOT LINE ADJUSTMENT PARCEL MAP: 12. Preliminary Title Report — A current preliminary title report shall be submitted to the Director of Public Works prior to checking the final documents. 13. Tax Certificate — In accordance with Section 9-15.130 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. 14. Sewer easement — The location of the existing sewer line shall be verified by survey. If determined necessary by the Director of Public Works, the existing sewer easement shall be relocated to conform. All public sewer easements shall be widened from 10' to 15'. 15. Water easement — All existing easements for public waterlines shall be widened from 10' to 15'. PRIOR TO ISSUING A BUILDING PERMIT: 19. Certificate of Compliance — A Lot Line Adjustment Parcel Map shall be recorded with all pertinent conditions of approval satisfied.