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2020-06-16_7c 1152 Vard Loomis LLAMEMORANDUM MEMORAND TO: FROM: BY: PLANNING COMMISSION WHITNEY McDONALD, COMMUNITY DEVELOPMENT DIRECTOR ANDREW PEREZ, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF LOT LINE ADJUSTMENT NO. 19-001; LOCATION – 1154 VARD LOOMIS LANE; APPLICANT – STANLEY & TERESA IKEDA; REPRESENTATIVE – MIKE STANTON, MBS LAND SURVEYS D ATE: JUNE 16, 2020 SUMMARY OF ACTION: Approval of the Lot Line Adjustment will relocate existing property between two (2) residential parcels on Vard Loomis Lane. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Lot Line Adjustment No. 19-001. BACKGROUND: The subject properties are located on Vard Loomis Lane in an established single- family residential neighborhood (Attachment 1). Both properties are zoned Residential Suburban (RS) and developed with single family dwellings with attached garages. The properties were created by the recordation of Tract Map No. 984, known as Sunny Gardens, in 1982 (Attachment 2). A fence was built over the property line by the current property owners of 1154 Vard Loomis Lane years ago and when ownership of the property at 1152 Vard Loomis was transferred the new owners discovered the encroachment. The applicant is requesting the Lot Line Adjustment in order to address the situation and gain additional land to expand the rear yard area. Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the proposed project on June 6, 2019. Members of the SAC were supportive of the project and recommended approval to the Planning Commission. Item 7.c - Page 1 PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT NO. 19-001 JUNE 16, 2020 PAGE 2 ANALYSIS OF ISSUES: Project Description: The proposed Lot Line Adjustment will adjust the interior lot line dividing two (2) parcels on Vard Loomis Lane, resulting in modification of parcel shapes, width, depth, and parcel areas (Attachment 3). The existing parcel dimensions are as follows: Table 1. Existing Parcel Sizes Parcel Number Lot Area Max Width Max Depth Zoning Parcel 1 9,701 sq. ft. 106’ 142’’ RS Parcel 2 7,788 sq. ft. 96’ 115’ RS Both parcels have driveways providing access from Vard Loomis Lane and each parcel abuts Arroyo Grande Creek. An existing city access easement for creek maintenance crosses through the rear portion of each lot, and a ten (10) foot public utility easement exists across the front of both parcels too. Neither parcel meets the minimum lot size requirement of 12,000 square feet for the RS zone. The existing residence on Parcel 1 meets the remaining Development Code requirements for the district, including standards for setbacks and lot coverage. It has been determined that the existing residence on Parcel 2 is legally nonconforming to the five (5) foot interior setback requirement as it is only 4’-6” from the existing interior property line. A total of 1,264 square feet will be exchanged as a result of this proposal. The lot line adjustment would result in the lot sizes as shown in Table 2 below. Table 2. Proposed Parcel Sizes Parcel Number Lot Area Max Width Max Depth Zoning Parcel 1 10,959 sq. ft. 146’ 142’ RS Parcel 2 6,530 sq. ft. 75’ 115 RS Arroyo Grande Municipal Code Section 16.48.110 allows lot line adjustments between two nonconforming lots. Reductions to the size of a legally nonconforming lot is allowed to increase the size of an adjacent nonconforming lot to allow its size or dimensions to be brought closer to conformity with the provisions of this title. The lot line adjustment will not result in either parcel meeting the minimum lot size requirement, but Parcel 1 will be brought closer to the minimum lot size. The lot line adjustment will not affect the nonconforming interior setback on Parcel 2. The proposed parcels otherwise meet development standards for the RS zoning district, including those for lot width, and lot depth. The proposed lot line adjustment would not result in a reduction of the setbacks beyond the minimum requirement. The residence on Parcel 2 would be located 6’-8” as a result of the proposed lot line adjustment. Item 7.c - Page 2 PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT NO. 19-001 JUNE 16, 2020 PAGE 3 Access No changes to access are proposed nor will any changes to access be required ALTERNATIVES: The following alternatives are provided for the Commission’s consideration: 1. Adopt the attached Resolution approving Lot Line Adjustment No. 19-001; 2. Modify and adopt the attached Resolution approving Lot Line Adjustment No. 19-001; 3. Do not adopt the attached Resolution and instead provide direction for staff to return with an appropriate resolution including findings for denial of Lot Line Adjustment No. 19-001; or 4. Provide direction to staff. ADVANTAGES: Granting the requested lot line adjustment will result in the fence between 1152 and 1154 Vard Loomis Lane to be located on the property line, thus correctly delineating the extents of both properties. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and deemed categorically exempt per Section 15305(a) of the CEQA Guidelines regarding minor lot line adjustments not resulting in the creation of any new parcel. PUBLIC NOTICE AND COMMENT: Per Municipal Code Section 16.12.030 (B), a public hearing is not required for approval of a lot line adjustment. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Project vicinity map 2. Tract No. 984 3. Proposed Lot Line Adjustment Item 7.c - Page 3 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT NO. 19-001; LOCATED AT 1154 VARD LOOMIS LANE; APPLIED FOR BY STANLEY AND TERESA IKEDA WHEREAS, the applicant has filed Lot Line Adjustment No. 19-001 to adjust lot lines between the two (2) parcels located at 1152 Loomis Lane and 1154 Vard Loomis Lane maintaining a total of two (2) parcels; and WHEREAS, the proposed Lot Line Adjustment meets the standards identified in the Municipal Code; and WHEREAS, Municipal Code Table 16.12.030 (B) requires that lot line adjustments be reviewed by the Planning Commission; and WHEREAS, the Planning Commission reviewed the project at its meeting on June 16, 2020; and WHEREAS, the Planning Commission finds that this project is consistent with the City’s General Plan and Development Code; and WHEREAS, the Planning Commission finds, after due study and deliberation, the proposed lot line adjustment does not: 1. Create any new lots; 2. Include any lots or parcels created illegally; 3. Impair any existing access or create a need for access to any adjacent lots or parcels; 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards; 6. Require substantial alteration of any existing improvements or create a need for any new improvements; 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Municipal Code Section 16.48.110. Item 7.c - Page 4 RESOLUTION NO. PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment No. 19-001 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 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.c - Page 5 RESOLUTION NO. PAGE 3 _______________________________ GLENN MARTIN, CHAIR ATTEST: _______________________________ PATRICK HOLUB, SECRETARY TO THE COMMISSION AS TO CONTENT: _______________________________ WHITNEY McDONALD COMMUNITY DEVELOPMENT DIRECTOR Item 7.c - Page 6 RESOLUTION NO. PAGE 4 EXHIBIT “A” CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 19-001 1154 VARD LOOMIS LANE This approval authorizes a lot line adjustment between the parcels located at 1152 Vard Loomis Lane and 1154 Vard Loomis Lane (APNs 007-762-010 and -011). 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 19-001. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of June 16, 2020 and marked Exhibit “B”. 4. This approval shall automatically expire on June 16, 2022 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 his/her 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 his/her obligations. 7. The applicant shall submit all information required by Municipal Code Section 16.20.140. 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 Item 7.c - Page 7 RESOLUTION NO. PAGE 5 prepare the Lot Line Adjustment on City-approved forms. 10. The Lot Line Adjustment is preferred to be finalized by recording a Lot Line Adjustment Map, and by subsequent deed transfers. 11. A current preliminary title report shall be submitted to the Community Development Department 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. Item 7.c - Page 8 ATTACHMENT 1 Item 7.c - Page 9 ATTACHMENT 2Item 7.c - Page 10 Item 7.c - Page 11 Item 7.c - Page 12 ATTACHMENT 3 Item 7.c - Page 13 Item 7.c - Page 14 Item 7.c - Page 15 Item 7.c - Page 16 Item 7.c - Page 17 Item 7.c - Page 18