PC R 00-1773RESOLUTION NO. 00-1773
A RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION APPROVING LOT LINE
ADJUSTMENT CASE NO. 00-005 AND CERTIFICATE
OF COMPLIANCE CASE NO. 00-002 TO RECONFIGURE
TWELVE (12) LOTS INTO TEN (10) LOTS, LOCATED AT
528, 522 AND 520 EAST BRANCH STREET, APPLIED
FOR BY DB&M PROPERTIES, LLC
WHEREAS, the applicant has filed for a Lot Line Adjustment Case No. 00-005 in
conjunction with a Certificate of Compliance Case No. 00-002 to reconfigure
twelve (12) lots into ten (10), located at 528, 522 and 520 East Branch Street;
and
WHEREAS, the Planning Commission of the City of Arroyo Grande has held a
public hearing on Lot Line Adjustment Case No. 00-005 with a Certificate of
Compliance Case No. 00-002 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 Flanning Commission directs the Community Development Director
to record the Certificates of Compliance with the County Recorder; 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 Adiustment
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.
Resolution No. 00-1773
Lot Line Adjustment 00-005
Certificate of Compliance 00-002
Page 2 of 5
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 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. 00-005 and
Certificate of Compliance Case No. 00-002 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 London, and by the
following roll call vote, to wit:
AYES: Commissioners Costello,
Greene
NOES: None
ABSENT: None
Keen, London, Vice Chair Parker, and Chair
the foregoing Resolution was adopted this 5 day of December, 2000.
ATTEST:
Kathleen Fryer, Commiss Clerk
AS TO CO
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Laurence Greene, Chair
Kerry McC nts
Comm Development Director
Resolution No. 00-1773
Lot Line Adjustment 00-005
Certificate of Compliance 00-002
Page 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT CASE NO. 00-005
CERTIFICATE 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 reconfiguration of twelve (12) existing lots into ten (10)
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. 00-005.
3. This application shall automatically expire on December 5, 2002 unless the Lot
Line Adjustment is finalized and the Certificates of Compliance are filed. 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
Exhibits "B1 — B2".
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.
Resolution No. 00-1773
Lot Line Adjustment 00-005
Certificate of Compliance 00-002
Page 4 of 5
DEVELOPMENT CODE
0
7.
Development shall conform to the VC zoning requirements except as otherwise
approved.
The developer shall comply with Development Code Chapter 9-04, "Land
Divisions".
8. The developer shall comply with Development Code Chapter 9-14,
"Dedications, Fees and Reservations."
PUBLIC WORKS DEPARTMENT
GENERAL CONDITIONS
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 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. Onsite Easements — The following easement shall be dedicated or reserved
along a 24-foot wide path following the alignment shown on the tentative map
for the common access driveway:
a. Private common access easement
b. Public water easement offered to the City
c. Public sewer easement offered to the City
d. Public utility easement (PUE)
Resolution No. 00-1773
Lot Line Adjustment 00-005
Certificate of Compliance 00-002
Page 5 of 5
15. Private Agreements - An agreement shall be entered into for the common
maintenance of the private driveway and all private utilities within the
driveway. These provisions shall be approved by the Director of Public Works.
16. Private Driveway — the common access easement shall describe the access as
a private driveway.
17. 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.
18. Creek Easement — A creek easement shall be dedicated including the creek
area and extending twenty-five (25) feet beyond the top of bank. The Director
of Community Development shall approve the purposes and restrictions
contained in the easement. The easement may have a provision allowing
existing buildings until such time as the buildings are significantly modified or
replaced.
PRIOR TO ISSUING A BUILDING PERMIT:
19. Certificate of Compliance — A Certificate of Compliance for the Lot
Line Adjustment shall be recorded with all pertinent conditions of
approval satisfied.
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