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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 Item 7.b - Page 5 ATTACHMENT 1Item 7.b - Page 6 ATTACHMENT 2 Item 7.b - Page 7 Item 7.b - Page 8 Item 7.b - Page 9 Item 7.b - Page 10 Item 7.b - Page 11 Item 7.b - Page 12 Item 7.b - Page 13 Item 7.b - Page 14 Item 7.b - Page 15 Item 7.b - Page 16 Item 7.b - Page 17 Item 7.b - Page 18 Item 7.b - Page 19 Item 7.b - Page 20 Item 7.b - Page 21 Item 7.b - Page 22 Item 7.b - Page 23 Item 7.b - Page 24 Item 7.b - Page 25 Item 7.b - Page 26 Item 7.b - Page 27 Item 7.b - Page 28