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PC 09.a. LLA 14-001 Short StreetMEMORANDUM TO: PLANNING COMMISSION FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: @ MATTHEW DOWNING, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF LOT LINE ADJUSTMENT NO. 14-001; LOCATION - 318 SHORT STREET; APPLICANT - BOB CHRISTIANSON; REPRESENTATIVE - GREEN LAND SURVEYS DATE: FEBRUARY 3,2015 RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution removing the requirement for emergency access on the adjacent property for Lot Line Adjustment 14-001. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. BACKGROUND: PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT NO. 14-001 FEBRUARY 3,2015 PAGE 2 On October 21, 2014 the Planning Commission adopted Resolution No. 14-2216 approving Lot Line Adjustment No. 14-001. Condition of Approval #I5 of Resolution No. 14-2216 required the applicant to record an emergency access easement through Parcel 1 to allow for emergency protection of Parcel 2 from Traffic Way. The applicant has requested that condition be removed due to the burden it places on the lease and sale of the Arroyo Grande Chevrolet property. ANALYSIS OF ISSUES: During the Planning Commission's consideration of the Lot Line Adjustment (Attachment I), several Commissioners voiced concern that the proposed condition of approval could create issues for the dealership property when it is eventually sold. Staff explained that the condition of approval was not being required by the Fire Chief and could be removed if desired, since adequate fire access and turnaround was being provided completely on Parcel 2. The Planning Commission decided at that time that they would prefer to leave the condition in place and allow the applicant to request it be removed if it proved to be too burdensome. Staff has met with the applicant who has stated that the condition encumbers the dealership properties, would create a significant issue when the property is marketed, and requested the condition be removed. Staff supports the removal of the condition based on adequate fire access being provided on Parcel 2 and the Planning Commission's previous discussion related to the condition. ALTERNATIVES: The following alternatives are provided for the Commission's consideration: - Adopt the attached Resolution removing Condition of Approval #15; - Modify and adopt the attached Resolution removing Condition of Approval #I 5; - Do not adopt the attached Resolution and instead retain Condition of Approval #I 5; or - Provide direction to staff. ADVANTAGES: Removal of the Condition of Approval will make it easier for the property owner to sell the car dealership properties in the future. DISADVANTAGES: Removal of the Condition of Approval will not result in a recorded emergency access easement across the car dealership properties. However, adequate fire access is provided on the residential parcel and the emergency access easement is not required. PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT NO. 14-001 FEBRUARY 3,2015 PAGE 3 ENVIRONMENTAL REVIEW: Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and determined that it is categorically exempt per Section 15305 (a) of the CEQA Guidelines. PUBLIC NOTICE AND COMMENT: Per Municipal Code Table 16.12.030-B, public hearings are not required for lot line adjustments. The agenda and staff report were posted at City Hall and on the City's website on January 29,201 5. No comments have been received. ATTACHMENTS: 1. Minutes of the October 21, 201 4 Planning Commission meeting. 2. Approved Lot Line Adjustment RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DELETING CONDITION OF APPROVAL #I5 FOR LOT LINE ADJUSTMENT NO. 14- 001; 318 SHORT STREET WHEREAS, the Planning Commission approved Lot Line Adjustment No. 14-001 on October 21, 2014 to adjust lot lines between four parcels, resulting in two parcels; and WHEREAS, the applicant has requested that Condition of Approval #I5 be removed due to the significant burden it places on Parcel 1; and WHEREAS, the Planning Commission reviewed the request at its meeting on February 3, 201 5: and WHEREAS, the Planning Commission finds that removal of Condition of Approval #I5 is consistent with the City's General Plan and Development Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby removes Condition of Approval #I5 from Resolution No. 14-2061 related to Lot Line Adjustment 14-001, with the above findings and subject to the conditions as modified in Exhibit "A, attached hereto and incorporated herein by this reference. On a motion by Commissioner, seconded by Commissioner and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 3rd day of February 201 5. RESOLUTION NO. PAGE 2 ATTEST: DEBBIE WElCHlNGER SECRETARY TO THE COMMISSION AS TO CONTENT: TERESA McCLlSH COMMUNITY DEVELOPMENT DIRECTOR PRESIDING OFFICER RESOLUTION NO. PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 14-001 318 SHORT STREET This approval authorizes a lot line adjustment between portions of APN 007-542-023 and APN 007-542-021. 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 14-001. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of October 21, 2014 and marked Exhibit "B". 4. This approval shall automatically expire on October 21, 2016 unless the lot line adjustment is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 5. Future development shall conform to the applicable zoning district requirements except as otherwise approved. 6. The applicant agrees to indemnify, defend, and hold harmless at hislher 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 any way 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 participation shall not relieve applicant of hislher obligations. ENGINEERING DIVISION CONDITIONS: 7. The applicant shall submit all information required by Municipal Code Section 16.20.140. RESOLUTION NO. PAGE 4 8. The applicant shall pay processing and plan check fees at the time they are due. 9. The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance for the Lot Line Adjustment. 10. The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. 11. A current preliminary title report shall be submitted to the Community Development Director prior to checking the final documents. 12. 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. 13. 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: 14. The project shall comply with the most recent editions of the California Codes as adopted by the City of Arroyo Grande. 16. The existing wood building on Parcel 2 must comply with Building Code provisions for fire rated exterior walls and distances to property lines. 17. All unpermitted structures must be removed or permitted, PLANNING COMMISSION MINUTES OCTOBER 21,201 4 ATTACHMENT 1 7.a. Consideration of Approval of Minutes Action: Approved the minutes of the Regular Planning Commission meetings and September 2, 2014 as presented. 8. PUBLIC HEARINGS None 9. NON-PUBLIC HEARIN-G ITEM 9.a. CONSIDERATION OF CERTIFICATE OF 14-002; LOCATION - 1051 HUASNA ROAD; APPLICANT - Associate Planner Nygaard presented the the Planning Commission review the proposed project and adopt a of Compliance No, 14- 002. Vice Chair Sperow opened the meeting to e public. f Dan Lloyd, applicant, asked the Com ~ssion to grant the Certificate of Compliance. pi Hearing no further comments, V'C~ Chair Sperow closed the public comment period / Action: Commissioner moved to adopt a resolution entitled "A RESOLUTION OF THE PLANNING THE CITY OF ARROYO GRANDE APPROVING CERTIFICATE . 14-002; LOCATION - 1051 HUASNA ROAD; APPLICANT- COASTAL Commissioner Goss seconded, and the motion passed on the following roll Keen, Goss, George, Sperow None SENT: Russom 9.b. CONSIDERATION OF LOT LINE ADJUSTMENT NO. 14-001; LOCATION - 318 SHORT STREET; APPLICANT - BOB CHRISTIANSON; REPRESENTATIVE - GREEN LAND SURVEYS Assistant Planner Downing presented the staff report recommending the Planning Commission review the proposed project and adopt a resolution approving Lot Line Adjustment 14-001 Assistant Planner Downing responded to questions from the Commission regarding the lot line adjustment. Vice Chair Sperow opened the meeting to members of the public. Hearing no comments, Vice Chair Sperow closed the public comment period Action: Commissioner Goss moved to adopt a resolution entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT NO. 14-001; 318 SHORT STREET." Commissioner George seconded, and the motion passed on the following roll vote: PLANNING COMMISSION MlNUTES OCTOBER 21,2014 AYES: Goss, George, Keen, Sperow NOES: None ABSENT: Russom 9.c. CONSIDERATION OF PLANNING COMMISSIONER APPOINTMENT COMMUNITY SERVICE GRANT PANEL Community Development Director McClish asked that one Commission ~embdand one alternate serve as a representative on the Community Service Grant Panel. Vice dhair Sperow nominated Commissioner Keen to serve on the Community ~ervicd~rant Panel. Commissioner Keen was appointed on a 4-0 voice vote. Vice nominated Commissioner George as the alternate to serve on the Commissioner George was appointed on a 4-0 voice vote. 10. NOTICE OF ADMINISTRATIVE DECISIONS SINCE OCTOB d R 21, 2014 This is a notice of administrative decision for Minor Use P mits, including any approvals, denials or referrals by the Community Development Directo . An administrative decision must be appealed or called up for review by the Planning Com &on by a majority vote. Y . - .- -i I Case No. r-~p~licant 7 Address v' Description I Action I Planner 1- - L & TUP 14-020 I Rabobank , 1026 E Grandd Axal Christmas tree -m 11. COMMISSION COMMUNICATIONS None I 1 / I display - 12. STAFF COMMUNICATIONS None - 13. ADJOURNMENT On motion by seconded by Commissioner Goss and unanimously carried, DPAC Dancers 1 1229 E. Granfl~ve. / Non-profit rummage sale 1 A I H. King , ATTEST: / /' DEBBIE WEIdHINGER SECRETA~ TO THE PLANNING COMMISSION LISA SPEROW. VICE CHAIR (Appr, ved at PC Mtg November 4,2014) P