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PC R 10-2109 RESOLUTION NO. 10-2109 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT NO. 10-002 FOR PROPERTY LOCATED WITHIN THE ROYAL OAKS PLANNED DEVELOPMENT DESCRIBED AS LOT 182 AND A PORTION OF LOT B OF TRACT 1390, APPLIED FOR BY MANGANO HOMES WHEREAS, the applicant has filed Lot Line Adjustment (LLA) No. 10-002 to adjust lot lines befinreen four (4) lots (Lots 17, 18, 19 and Lot B) of Vesting Tentative Tract Map 2236; and WHEREAS, LLA 10-002 provides the following square footage adjustments for these four (4) lots: � � Existin , � Pro osed s uare�feet . ` Difference� . Lot 17 6,037 s.f. Parcel A 7,740 s.f. + 1,703 s.f. Lot 18 10,435 s.f. Parcel B 8,675 s.f. - 1,760 s.f. Lot 19 16,131 s.f. Parcel C 10,467 s.f. - 5,664 s.f. Lot B 16.54 acres Parcel D 16.67 acres + 0.13 acres TOTAL: 17.29 acres TOTAL: 17.29 acres None ; and WHEREAS, the Planning Commission of the City of Arroyo Grande has cor�sidered Lot L?ne Adjustment No. 10-002 on August 17, 2010 in accordance with the Municipal Code of the City of Arroyo Grande; and . WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has deterr�ined that the project is Categorically Exempt per Section 15305 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study and deliberation, the � following circumstances exist: � Lot Line Adjustment Findings: In accordance with Arroyo Grande Municipal code Section 16.20.140(c), it is hereby found that the following lot line adjustment does not: . 1. Create any new lots; The proposed project does not create any new lots as indicated by the map and title material submitted by a /icensed surveyor. 2. Include any lots or parcels created illegally; RESOLUTION NO. 10-2109 LOT LINE ADJUSTMENT 10-002 AUGUST 17, 2010 PAG E 2 of 5 All lots were created legally according to the Municipal Code of the City of Arroyo Grande and the State of Califomia Subdivision Map Act as • researched by a licensed surveyor and City staff. 3. Impair any existing access or create a need for access to any adjacent lots or parcels; The proposed lot line adjusfinent, as indicated by the map identifred as Exhibit B, does not impair any existing access or create a need for access to any adjacent lots. The lot line adjustment allows for reciprocal access � for al!affected properties. 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; The proposed lot line adjustment, as indicated by fhe map identified as Exhibit 8, does not impair any existing easements nor creafe the need for . any new easements to serve adjacent lots based upon a review of tifle records and due to the locations of the proposed parcels and neighboring parcels. � 5. Constitute poor land planning or undesirable lot configurations due to . existing environmental conditions or current zoning development standards; . The proposed project does.not consfitute poor land planning or undesirable lot configurations since it conforms with all development standards of fhe Royal Oaks Planned Developmenf (PD 1.3) as approved through Tract 2236. 6. Require substantial alteration of any existing improvements or create a need for any new improvements; � The proposed project does not require any alteration of existing improvements nor does it require the need for any new improvements due to the proposed parcel locations. 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Section 16.48.110 of this title. The proposed lot line adjustment does not create any nonconforming lots. � The Planned Development designation a/lows flexibility in development standards that are specific to site conditions. The subject lots were created with irregular shapes through the Planned Development process due fo the � unique topography of the site. I I RESOLUTION NO. 10-2109 i LOT LINE ADJUSTMENT 10-002 AUGUST 17, 2010 IPAGE 3 of 5 � NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment No. 10-002 with the above findings and subject to the conditions as set forth in Exhibit "A" and consistent with the map marked Exhibit "B," attached hereto and incorporated herein by this reference. On motion by Commissioner Barneich, seconded by Commissioner Martin, and by the following roll call vote, to wit: � AYES: Commissioners Barneich, Martin and Chair Brown NOES: None ABSTAIN: Commissioner Ruth ABSENT: Commissioner Keen the foregoing Resolution was adopted this 17�' day of August, 2010. ATTEST: ���,�;�-Gt.�.� l,�J DEBBIE WEICHINGER TIM BROVI►�V, CHAI SECRETARY TO THE COMMISSION AS TO CONTENT: �— � .� TERESA M CLISH, COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 10-2109 � LOT LINE ADJUSTMENT 10-002 AUGUST 17, 2010 � PAG E 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 10-002 This approval authorizes a lot line adjustment between four (4) lots (Lots 17, 18, 19 and Lot B) of Vesting Tentative Tract Map 2236 as follows and as shown on Exhibit B: - Existin � ' � � P�o osed s uare feet-j -- Difference Lot 17 6,037 s.f. Parcel A 7,740 s.f. + 1,703 s.f. Lot 18 10,435 s.f. Parcel B 8,675 s.f. - 1,760 s.f. Lot 19 16,131 s.f. Parcel C 10,467 s.f. - 5,664 s.f. Lot B 16.54 acres Parcel D 16.67 acres + 0.13 acres TOTAL: 17.29 acres TOTAL: 17.29 acres None COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 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 10-002. 3. The applicant agrees 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 this 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 fees 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 pa�ticipation shall not relieve applicant of his/her obligations. ENGINEERING DIVISION CONDITIONS: 4. The applicant shall pay all applicable fees at the time they are due. 5. The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance for Lot Line Adjustment. 6. The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. 7. A current preliminary title report shall be submitted to the Community . Development Director prior to checking the final documents. _ RESOLUTION NO. 10-2109 LOT LINE ADJUSTMENT 10-002 AUGUST 17, 2010 IPAG E 5 of 5 8. 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. � 9. A Certificate of Compliance for Lot Line Adjustment shall be recorded with all pertinent conditions of approval satisfied prior to issuing a building permit. BUILDING DIVISION CONDITIONS: 10. . 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