2020-06-16_7b 128 Nelson COCMEMORANDUM
TO: PLANNING COMMISSION
FROM: WHITNEY McDONALD, COMMUNITY DEVELOPMENT
DIRECTOR
BY: ANDREW PEREZ, ASS OCIATE PLANNER
SUBJECT: CONSIDERATION OF SIX CERTIFICATES OF COMPLIANCE,
APPLICATION #20-001; LOCATION – 128 NELSON STREET;
APPLICANT – SCOTT CUSACK
D ATE: JUNE 16, 2020
SUMMARY OF ACTION:
Approval of the application will result in the recognition of six (6) legal lots in the
Village Mixed-Use zoning district.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution approving
Six Certificates of Compliance, Application #20-001.
BACKGROUND:
The project site is located on the southwest corner of Nelson Street and Short
Street, and is zoned Village Mixed-Use (VMU) (Attachment 1). The site has been
previously developed with a single family residence, built in the 1890s, and a
mixed-use structure built in 1938. The mixed-use structure consists of multiple
apartments, a retail suite, and an assemble space that is currently used by the
Alano Club. The application seeks six Certificates of Compliance to certify the legal
existence of six (6) legal lots from a portion of the W.M. Short, T.J. Mason, and W
Whiteley subdivision from 1887.
As part of application processing, the City Attorney reviewed the documents
submitted by the applicant. Following this review, it was determined that the six
lots are legal, having been created in compliance with State and local subdivision
ordinances in place at the time each parcel was created.
ANALYSIS OF ISSUES:
Certificates of Compliance
The Subdivision Map Act (SMA) regulates the legal subdivision of properties.
Government Code Section 66499.30(a)-(c) prohibits the sale, lease, or financing
of any parcel of real property unless such property has been subdivided in
Item 7.b - Page 1
PLANNING COMMISSION
CONSIDERATION OF SIX CERTIFICATES OF COMPLIANCE, APPLICATION
#20-001
JUNE 16, 2020
PAGE 2
accordance with the SMA and local ordinance, which generally requires that either
a final or parcel map be recorded, but can also occur by conveyance through a
deed. However, Section 66499.30(d) exempts from this prohibition the sale, lease
or finance for any parcel in compliance with or exempt from any law regulating the
design and improvement of subdivisions in effect at the time the subdivision was
established. This subsection (d) is generally referred to as the grandfather clause
of the SMA. A Certificate of Compliance is a document used to verify the legality
of a subdivided lot.
Although a Certificate of Compliance certifies the legality of a lot, it neither ensures
that it is a buildable parcel, nor entitles the parcel owner a construction permit or
other development permits or approvals. To obtain a construction permit or other
land use approval for the parcel, the owner must complete the appropriate
application process and meet all existing regulations.
The property in question was originally part of the Short-Mason-Whiteley
subdivision recorded in August, 1887 (Attachment 1). Each of the six (6) parcels
have been transferred by deed following the original 1887 map (Attachment 2). As
each of the parcels were created by deed in compliance with State and local
subdivision ordinances in place at the time, these parcels are considered legal lots,
therefore certificates of compliance should be issued for each of the six (6)
underlying lots.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
1.Adopt the attached Resolution approving Six Certificates of Compliance,
Application #20-001;
2.Modify and adopt the attached Resolution approving Six Certificates of
Compliance, Application #20-001;
3. Provide direction to staff.
AD VANTAGES:
The proposed project confirms the legal status of lots which allows for higher
density development.
DISADVANTAGES:
None.
ENVIRONMENTAL REVIEW:
The project was reviewed in accordance with the California Environmental Quality
Act (CEQA) and determined to be categorically exempt per Section 15061(b)(3) of
the Guidelines regarding projects where it can be seen with certainty that there is
no possibility that there will be a significant effect on the environment.
Item 7.b - Page 2
PLANNING COMMISSION
CONSIDERATION OF SIX CERTIFICATES OF COMPLIANCE, APPLICATION
#20-001
JUNE 16, 2020
PAGE 3
PUBLIC NOTICE AND COMMENT:
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. Short-Mason-Whiteley Subdivision Map
2.Grant deeds
Item 7.b - Page 3
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING SIX
CERTIFICATES OF COMPLIANCE, APPLICATION NO. 20-
001; LOCATED AT 128 NELSON STREET; APPLIED FOR
BY SCOTT CUSACK
WHEREAS, the applicant has filed an application for six Certificates of Compliance to
verify the legality of six (6) lots located at 128 Nelson Street; and
WHEREAS, the subject property was originally subdivided by W.M. Short, T.J. Mason,
and W. Whitely in 1887; and
WHEREAS, the City of Arroyo Grande was not incorporated until 1911; and
WHEREAS, each of the six (6) lots were subsequently deeded off in compliance with
State and local subdivision regulations in place at the time of each deed transference;
and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the 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
finds the project to be categorically exempt per Section 15061(b)(3) of the Guidelines
regarding projects where it can be seen with certainty that there is no possibility that there
will be a significant effect on the environment; and
WHEREAS, the Planning Commission reviewed the project at its meeting on June 16,
2020; and
WHEREAS, the Planning Commission finds, after due study and deliberation and based on
substantial evidence in the record, that the lots were legally created.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby approves Six Certificates of Compliance, Application No. 20-001, as
presented to the Planning Commission on June 16, 2020.
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 16th day of June, 2020.
Item 7.b - Page 4
RESOLUTION
PAGE 2
______________________________
GLENN MARTIN, CHAIR
ATTEST:
___________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_____________________________
WHITNEY McDONALD
COMMUNITY DEVELOPMENT DIRECTOR
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ATTACHMENT 2
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