PC R 00-1774I
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RESOLUTION NO. 00-1774
A RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION APPROVING LOT LINE
ADJUSTMENT CASE NO. 00-004 FOR TWO (2) LOTS,
LOCATED AT 419 LE POINT COURT, APPLIED FOR BY
HILLEL AND RACHEL JANAI
WHEREAS, the applicant has filed for a Lot Line Adjustment Case No. 00-004 for
two (2) lots located at 419 Le Point Court; and
WHEREAS, on October 3, 2000, the Planning Commission of the City of Arroyo
Grande has rendered an interpretation allowing residential use on this property,
WHEREAS, the Planning Commission of the City of Arroyo Grande has held a
public hearing on Lot Line Adjustment Case No. 00-004 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 Reqarding 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.
Resolution No. 00-1774
Lot Line Adjustment 00-004
December 5, 2000
Page 2 of 5
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 9-10.100 of the Development Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Lot Line Adjustment Case No. 00-004 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 Vice Chair Parker, seconded by Commissioner
Costello, and by the following roll call vote, to wit:
AYES: Commissioners Costello, Keen, London, Vice Chair Parker, and Chair
Greene
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 5 day of December 2000.
ATTEST:
Kathleen Fryer, Commission lerk
AS TO CONTENT:
Kerry ants
Community Development Director
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Laurence Greene, Chair
Resolution No. 00-1774
Lot Line Adjustment 00-004
December 5, 2000
Page 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT CASE NO. 00-004
Hillel and Rachael Janai
419 Le Point Court
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the reconfiguration of two (2) existing lots.
1.
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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. 00-004.
3. This application shall automatically expire on December 5, 2002 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 Planning Commission at the meeting of December 5, 2000
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 RS zoning requirements except as
otherwise approved.
Resolution No. 00-1774
Lot Line Adjustment 00-004
December 5, 2000
Page 4 of 5
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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 CONDITIONS
GENERAL IMPROVEMENT REQUIREMENTS
9. Fees — The applicant shall pay all applicable City fees at the time they are
due.
10. Recording — The Lot Line Adjustment shall be finalized by recording
Certificates of Compliance or a lot Line Adjustment Map, and by subsequent
deed transfers.
11. 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:
12. Preliminary Title Report — A current preliminary title report shall be submitted
to the Director of Public Works prior to checking the map.
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 by the Director of Public Works, the existing sewer
easement shall be relocated to conform
15. Creek easement — A creek easement shall be dedicated including the creek
area and extending 25 feet beyond the top of bank. The purposes and
restrictions contained in the easement shall be approved by the Director of
Community development. The easement may have a provision allowing
existing buildings until such time as the buildings are significantly modified
or replaced.
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Resolution No. 00-1774
Lot Line Adjustment 00-004
December 5, 2000
Page 5 of 5
PRIOR TO ISSUING A BUILDING PERMIT
16. Certificate of Compliance - Certificates of Compliance or a Parcel Map for
the Lot Line Adjustment shall be recorded with all pertinent conditions of
approval satisfied.
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