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PC R 10-2103 RESOLUTION NO. 10-2103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT NO. 09-006 FOR PROPERTY LOCATED NORTH AND NORTHEAST OF PEARWOOD AVENUE; APPLIED FOR BY THE CITY OF ARROYO GRANDE WHEREAS, the applicant has filed Lot Line Adjustment (LLA) No. 09-006 to adjust lot lines of finro (2) parcels having 308,935 and 37,893 square feet resulting in two (2) parcels of 301,548 square feet and 38,190 square feet, respectively; and WHEREAS, LLA 09-006 transfers 7,090 square feet from Tract 3017 property to Tentative Parcel Map No. 09-003 property for the purpose of reciprocal access; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Lot . Line Adjustment No. 09-006 on June 1, 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 determined 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: 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 licensed surveyor. 2. Include any lots or parcels created illegally; All lots were created legally according fo 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. Irnpair any existing access or create a need for access to any adjacent lots or parcels; The proposed lot line adjustment, as indicated by the map identified as Exhibif 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 on adjacent properties that would otherwise be on steeper slopes, or inefficient RESOLUTION NO. 10-2103 LOT LINE ADJUSTMENT 09-006 JUNE 1, 2010 PAG E 2 of 4 use of land. 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 the map identified as Exhibit B, does not impair any existing easements nor create the need for any new easemenfs to serve adjacent lots based upon a review of title records and due to the locafions 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 constitute poor land planning or undesirable lot configurations since it conforms with all development standards of the Residential Hillside and Residential Suburban zoning districts. 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 project conforms with required minimum lot sizes of the Residential Hillside and Residential Suburban zoning districts with adoption of Planned Unit Development No. 09-002 and therefore does nof create any non-conforming lots. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment No. 09-006 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. RESOLUTION NO. 10-2103 LOT LINE ADJUSTMENT 09-006 JUNE 1, 2010 �I PAGE 3 of 4 i On motion by Commissioner Bameich, seconded by Commissioner Brown, and by the following roll call vote, to wit: AYES: Commissioners Barneich, Brown and Keen NOES: None ABSENT: Commissioner Ruth the foregoing Resolution was adopted this 1St day of June, 2010. ATTEST: ��..2�i�-C�(•t�P w�,l,C.h,cn.peil I DEBBIE WEICHINGER d TIM BROWN, VICE CFiAIR SECRETARY TO THE COMMISSION AS TO CONTENT: /-�-�-� � TERESA CCLISH COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 10-2103 LOT LINE ADJUSTMENT 09-006 JUNE 1, 2010 PAG E 4 of 4 I EXHIBIT "A" . CONDITIONS OF APPROVAL � LOT LINE ADJUSTMENT 09-006 This approval authorizes a lot line adjustment between two (2) parcels resulting in two (2) parcels of 301,548 square feet and 37,980 square feet after a forty foot (40') wide offer of dedication as shown on Exhibit "B". 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 09-006. 3. The applicant shall offer for dedication a forty foot (40') wide right of way for the purpose of road access at the terminus of Pearwood Avenue. 4. 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 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. ENGINEERING DIVISION CONDITIONS: 5. The applicant shall pay all applicable fees at the time they are due. 6. The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance for Lot Line Adjustment. 7. The Lot Line Adjustment shall be finalized by . recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. 8. A current preliminary title report shall be submitted to the Community Development Director prior to checking the final documents. 9. 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. 10. A Certificate of Compliance for Lot Line Adjustment shall be recorded with all ( pertinent conditions of approval satisfied prior to issuing a building permit. ,