08c Establishing a Mandatory Time Interval between Lot Line AdjustmentsMEMORANDUM
TO: CITYCOUNCIL
FROM: TERESA MCCLISH, &' COMMLlNlTY DEVELOPMENT DIRECTOR
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING SECTION 16.20.140 OF
THE MUNICIPAL CODE ESTABLISHING A MANDATORY TIME
INTERVAL BETWEEN LOT LINE ADJUSTMENTS (DEVELOPMENT
CODE AMENDMENT 12-001)
DATE: FEBRUARY 14,2012
RECOMMENDATION:
It is recommended that the City Council adopt an Ordinance amending Section
16.20.140 of the Municipal Code regarding lot line adjustments.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
BACKGROUND:
The City Council introduced the proposed Ordinance at its meeting of January 24, 2012.
ANALYSIS OF ISSUES:
Government Code Section 66412(d) limits a public agency's ability to review and
approve a lot line adjustment application "to a determination of whether or not the
parcels resulting from the lot line adjustment will conform to the local general plan, and
any applicable specific plan.. .and zoning and building ordinances ...I1 (i.e. minimum lot
sizes, setback requirements, etc.). No environmental impact analysis, dedications,
impact fees, or conditions requiring construction of public improvements may be
imposed on the approval of a lot line adjustment. From a land use perspective, serial lot
line adjustments have a significant impact on the City's ability to regulate orderly
development, and more importantly, to mitigate the impacts of such development. The
sequential adjustment of more than four adjacent lots often acts as a de facto
subdivision of the affected property. As a result, areas may be developed without the
ability for the City to impose necessary conditions of approval to protect the public
health safety and welfare as required under the SMA for orderly development of
property. Even basic safety related improvements, such as curbs, gutters and
sidewalks, cannot be required in approving lot line adjustments.
Under its general police power, the City may regulate serial lot line adjustments in order
to protect the health, safety and welfare of the community, provided such regulation is
not in conflict with applicable law. The proposed Ordinance mimics Santa Clara
Agenda Item 8.c.
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CITYCOUNCIL
DCA 12-001
FEBRUARY 14,2012
PAGE 2
County's approach in regulating serial lot line adjustments. Specifically, the proposed
Ordinance adds Section 16.20.140.E to the Arroyo Grande Municipal Code, which
prohibits lot line adjustments of more than four adjoining lots within a five year period by
anyone having common ownership or control of such lots.
ALTERNATIVES:
The following alternatives are presented for City Council consideration:
1. Adopt the attached Ordinance amending Section 16.20.140 of the Municipal
Code;
2. Do not adopt the attached Ordinance; or
3. Provide direction to staff.
ADVANTAGES:
The proposed Ordinance will provide direct regulation preventing property owners from
"subdividing" their property through serial lot line adjustment applications, without
properly mitigating the impacts of such development. Based on staffs research, the
proposed Ordinance provides the most simple and direct approach to addressing this
issue.
DISADVANTAGES:
There are no disadvantages identified.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA) Guidelines, staff
has determined that the Ordinance is exempt per Sections 15061(b)(3) and 15308 of
the Guidelines.
PUBLIC NOTIFICATION AND COMMENT:
A summary of the Ordinance was published in The Tribune on Tuesday, January 31,
2012, pursuant to State law. The Agenda was posted in front of City Hall on Thursday,
February 9,2012. The Agenda and report were posted on the City's website on Friday,
February 10,2012. No public comments have been received.
Agenda Item 8.c.
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ORDINANCE NO.
AN ORDINANCE OF THE ClTY COUNCIL OF 'THE ClTY OF
ARROYO GRANDE AMENDING SECTION 16.20.140 OF THE
ARROYO GRANDE MUNICIPAL CODE REGARDING LOT LINE
ADJUSTMENTS
WHEREAS, ~overnment Code Section 66412(d) exempts a lot line adjustment between "four or
fewer existing adjoining parcels" from the requirements of the Subdivision Map Act ("SMA"); and
WHEREAS, the City Council of the City of Arroyo Grande ("Cityn) recognizes that in 2001, the
California legislature amended Government Code Section 66412(d) from "two or moren parcels
to "four or fewer" thus evidencing an intent to limit lot line adjustments; and
WHEREAS, the City Council finds that inconsistencies and ambiguities exist in the language of
Government Code Section 66412(d) in relation to the other provisions of the SMA which require
the filing of a tract map for any subdivision of five (5) or more parcels; and
WHEREAS, the City Council further finds that "serial" lot line adjustments on adjacent parcels
are a de facto subdivision of five (5) or more parcels thus falling within the requirements of the
SMA and Section 16.20.060 of the City's Municipal Code; and
WHEREAS, the City Council further finds that the health, safety and welfare of the community
require regulation of a sequence of separate or "serialn lot line adjustments involving more than
four (4) adjoining parcels in a manner which is consistent with the SMA.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as
follows:
SECTION 1. Subsection 16.20.140.A of the Arroyo Grande Municipal Code is hereby
amended as follows:
A. Applicability. Subject to subsection 16.20.140.E, any affected property owner desiring a
lot line adjustment between four or fewer existing adjoining parcels, where the land taken
from one parcel is added to an adjacent parcel, and where the number of parcels remains
the same or is reduced and improves an existing situation, shall file an application for a lot
line adjustment with the community development department.
SECTION 2. Subsection 16.20.140.E is hereby added to the Arroyo Grande Municipal Code as
follows:
E. This section is intended to prevent serial lot line adjustment applications of more than four
(4) adjacent lots.
1, The total number of lots involved in any proposed lot line adjustment plus all lots
that have been adjusted within the five (5) years preceding the proposed lot line
adjustment application that are under common ownership or control and that adjoin any
of the lots involved in the proposed lot line adjustment may not exceed four (4) lots.
Agenda Item 8.c.
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ORDINANCE NO.
PAGE 2
2, No lot that has previously been adjusted may be part of a subsequent lot line
adjustment if it would result in more than four (4) adjoining lots being adjusted within a five
(5) year time period.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect
the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby
declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or
clause thereof, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, or clause be declared unconstitutional.
SECTION 4. A summary of this Ordinance shall be published in a newspaper published and
circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at
which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed
Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption
of the Ordinance, the summary with the names of those City Council Members voting for and
against the Ordinance shall be published again, and the City Clerk shall post a certified copy of
the full text of such adopted Ordinance.
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.
On motion of Council Member , seconded by Council Member , and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this 14th day of February, 201 2.
Agenda Item 8.c.
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ORDINANCE NO.
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TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY AlTORNEY
Agenda Item 8.c.
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Agenda Item 8.c.
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