PC 2017-06-06_7b MER 17-001 Virginia DriveMEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
~
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF LOT MERGER 17-001; LOCATION -825
VIRGINIA DRIVE; APPLICANT -SCOTT AND NICOLE
DeMATTEO; REPRESENTATIVE -LEAHA MAGEE, MBS LAND
SURVEYS
DATE: JUNE 6, 2017
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution approving
Lot Merger 17-001 .
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
None.
BACKGROUND:
Location:
PLANNING COMMISSION
CONSIDERATION OF LOT MERGER 17-001
JUNE 6, 2017
PAGE2
The proposed project consists of merging two (2) parcels located at 825 Virginia
Drive. Prior to the 1950s, the rear yard of the subject property was a reserved
access easement intended to connect what is now Woodland Court to Halcyon
Road. In the mid-1950s, this connection was deemed to no longer be necessary,
and therefore the easement was abandoned. The remaining fragments were then
deeded over to the adjoining Virginia Drive property owners in the mid-1960s,
and these areas have been used by those properties since that time. Although
the primary parcels were located in the City, the remainder parcels were kept in
the County.
ANALYSIS OF ISSUES:
The applicant approached the City with a desire to construct a workshop in the
rear yard of the subject property. Due to the rear yard's location in the County,
discussions regarding the proper permitting authority occurred and it was
determined that the property owner should apply for a lot merger. This would
merge the lots but would not change the City Limit line. It is not uncommon for
properties to be in multiple jurisdictions, although this tends to be more common
with larger parcels. In this instance, the County has agreed that the lot merger is
appropriate and the resulting lot would be under the permitting authority of the
City.
At this time, the applicants are the only property owners to show an interest in a
merger as described. Five (5) other properties along Virginia Drive are in a
similar situation and lot merger requests would be processed on an individual
basis if property owners determine they wish to pursue mergers.
ALTERNATIVES:
The following alternatives are provided for the Commission's consideration:
• Adopt the attached Resolution approving Lot Merger 17-001;
• Modify and adopt the attached Resolution approving Lot Merger 17-001;
• Do not adopt the attached Resolution and provide direction to staff
regarding specific find in gs for denial of Lot Merger 17-001; or
• Provide direction to staff.
ADVANTAGES:
The proposed project will legally merge an existing residential parcel with a small
remainder parcel currently being used as a single property and will allow the
property owner to further develop the lot through the City.
DISADVANTAGES:
None identified by staff.
PLANNING COMMISSION
CONSIDERATION OF LOT MERGER 17-001
JUNE 6, 2017
PAGE3
ENVIRONMENTAL REVIEW:
The project has been reviewed in accordance with the California Environmental
Quality Act (CEQA) and determined to be exempt per Section 15061 (b)(3) of the
CEQA Guidelines regarding projects where it can be determined with absolute
certainty that no significant impact will occur.
PUBLIC NOTICE AND COMMENT:
Per Municipal Code Section 16.12.030 (B), a public hearing is not required for
approval of a lot merger.
The Agenda was posted at City Hall and on the City's website in accordance with
Government Code Section 54954.2. No comments have been received.
ATTACHMENTS:
1. Lot merger exhibit
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING LOT
MERGER 17-001; LOCATED AT 825 VIRGINIA DRIVE;
APPLIED FOR BY SCOTT AND NICOLE DeMATTEO
WHEREAS, the applicant proposed to merge two lots located at 825 Virginia Drive; and
WHEREAS, one of the lots proposed for the merger is located in the City while the other
is located in the County; and
WHEREAS, the County has agreed that the lots should be merged and permitting
authority should rest with the City; and
WHEREAS, Municipal Code Table 16.12.030 (B) requires that lot mergers be reviewed
by the Planning Commission; and
WHEREAS, the Planning Commission reviewed the project at its meeting on June 6,
2017;and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and determined that the
project is exempt per Section 15305 of the CEQA Guidelines regarding Minor Alteration s
in Land Use Limitations; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the
project at a duly noticed meeting on June 6, 2017; and
WHEREAS, the Planning Commission finds, after due study and deliberation, that the
merger 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 approves Lot Merger 17-001 as set forth in Exhibit "B", attached
hereto and incorporated herein by this reference, 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 ___ , seconded by Commissioner ___ , and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 5th day of June, 2017.
RESOLUTION NO.
PAGE 2
GLENN MARTIN,
CHAIR
ATTEST:
DEBBIE WEICHINGER,
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TERESA MCCLISH
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.
PAGE 3
EXHIBIT 'A'
CONDITIONS OF APPROVAL
LOT MERGER NO. 17-001
LOCATED AT 825 VIRGINIA DRIVE
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 applicable conditions of approval for Lot Merger
17-001.
3. The applicant shall agree to indemnify and 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 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 his/her obligations under this
condition.
4. This approval shall automatically expire on June 6, 2019 unless the merger is
recorded or an extension is granted pursuant to Section 16.12.140 of the Municipal
Code.
5. The applicant shall comply with all provisions of Municipal Code Section
16.20.150.
6. The applicant shall pay all applicable fees at the time they are due.
7. A current preliminary title report shall be submitted to the Community Development
Department prior to checking the final documents.
8. It is the City's preference that the Notice of Merger be recorded via map but can
also be recorded via a certificate of compliance in compliance with the Subdivision
Map Act. All pertinent conditions of approval satisfied prior to issuance of any
building permit.
RESOLUTION NO.
PAGE4
9. If the merger is recorded via a map, 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. If the merger is recorded via a certificate of
compliance, information from the tax collector's office shall be provided to show
that there are no unpaid taxes or special assessments against the property.
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