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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 �������G m�� 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. V ! � ; � % / /