Reso PC20-01 0008 PC Reso Upholding Appeal - Winter King & Revising Planning Manager's Decision

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Section 3. The action of the Planning Commission is not a project and is exempt from the provisions of the California Environmental Quality Act (CEQA) because actions to disapprove a project are not required to undergo CEQA review (Pub. Res. § 21080(b) (5); CEQA Guidelines § 15270.) Section 4. The Planning Commission makes the following additional findings in response to the stated reasons for the appeal, based on substantial evidence in the record, as set forth below: A. The Property has not been separately conveyed. Instead, the chain of title guarantee shows that the Property has consistently been conveyed together with the adjoining property, namely Lot 1 of Block 16 (APN No. 057-301-380), since at least 1944. The adjoining property is also owned by the Applicant. B. There is insufficient evidence in the record to conclude that the Property was subject to requirements that regulated the design and improvement of subdivisions at the time the lot was purportedly created. C. The adjacent development (Canyon Lane Roadway Improvement Project) is not relevant to Conditional Certificate of Compliance No. LL2018-010, which only addressed whether the Property was a legal lot and did not analyze potential development at the site or hypothetical future development within an adjacent jurisdiction. Potential development of the Property is analyzed through a separate planning entitlement process. Section 5. The Planning Commission hereby upholds the appeal by Winter King of Shute, Mihaly, & Weinberger LLP, and therefore, the decision of the Planning Manager issuing Conditional Certificate of Compliance No. LL2018-010 is reversed, thereby revoking the subject Conditional Certificate of Compliance. Section 6. This resolution shall go into effect immediately. ATTY/RESO.0008/PC RESO UPHOLDING APPEAL — WINTER KING & REVISING PLANNING MANAGER'S DECISION REV: 02-14-2020 PR Page 2 of 2