CC 2016-07-26_09j Lot Line Adjustment_1271 JamesWay
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF LOT LINE ADJUSTMENT 16-001; LOCATION –
1271 JAMES WAY (APNs 007-771-053, -062, AND -076); APPLICANT –
RUSS SHEPPEL; REPRESENTATIVE - TIM CRAWFORD, AXIS
ENGINEERING GROUP
DATE: JULY 26, 2016
RECOMMENDATION:
It is recommended by the Planning Commission that the City Council adopt a
Resolution approving Lot Line Adjustment 16-001.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
BACKGROUND:
Location
Parcel 3 (-076)
Parcel 3 (-062) Parcel A
Note: For reference only, property lines not accurate
Item 9.j. - Page 1
CITY COUNCIL
CONSIDERATION OF LOT LINE ADJUSTMENT 16-001
JULY 26, 2016
PAGE 2
This project is an integral part of a prior Planned Development (PD-1.1) area, and
therefore requires City Council action to amend the previously approved plan.
The project site is located within the Oak Park Professional Plaza (the “Plaza”) on the
southeast corner of James Way and Oak Park Boulevard in the Office Mixed-Use
(OMU) zoning district. The 3.74-acre Plaza is developed with two medical office
buildings and a health club (Kennedy Club Fitness). Surrounding the Plaza is a church
to the North, the Best Western Casa Grande Inn to the South, Meadow Creek and
Leisure Gardens condominiums to the East, and commercial development within the
City of Pismo Beach to the West.
On March 24, 2015 the City Council adopted Resolution No. 4651 approving Amended
Conditional Use Permit 15-001, Variance 15-001, and Lot Merger 15-001 to allow the
construction of a 55,000 square-foot memory care facility and sixteen (16) assisted
living units. In working toward compliance with all conditions of approval for the
proposed project, the applicant has run into an issue with financing constraints
regarding the Lot Merger, as the independent living parcel is financed by a separate
institution than the assisted living parcels. In order to accommodate the approved
development, the applicant has requested to utilize a lot line adjustment in place of the
lot merger.
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposal on June 22, 2016.
Members of the SAC discussed items related to the project, including continuity of
previously identified conditions of approval and ensuring all necessary easements for
the approved development are obtained. Overall, members of the SAC were in support
of the project and developed conditions of approval to specifically address the items
discussed.
Planning Commission
The Planning Commission considered the proposal on July 5, 2016. After ensuring the
resulting development was consistent with what the City Council approved in March
2015, the Planning Commission adopted a Resolution recommending the City Council
approve the lot line adjustment as proposed.
ANALYSIS OF ISSUES:
Lot Line Adjustment
The proposed lot line adjustment will consolidate three lots into two (2) lots while
additionally adjusting an interior lot line adjacent to the approved independent living
facility. The need to address the property line adjacent to the independent living facility
arises from the structure containing operable windows that will cross the property line,
which is not allowed under the California Building Code. The existing parcels are as
follows:
Item 9.j. - Page 2
CITY COUNCIL
CONSIDERATION OF LOT LINE ADJUSTMENT 16-001
JULY 26, 2016
PAGE 3
Table 1. Existing Parcel Sizes
Parcel Number Lot Area Lot Width Lot Depth Zoning
Parcel A 30,957.6 sq. ft. 122.17’ 257’ OMU
Parcel 3 (-062) 22,170 sq. ft. 122.17’ 178.45’ OMU
Parcel 3 (-076) 25,795 sq. ft. ~127.08’ ~206.16’ OMU
The parcels resulting from the proposed lot line adjustment are as follows:
Table 2. Proposed Parcel Sizes
Parcel Number Lot Area Lot Width Lot Depth Zoning
Parcel 1 48,518.7 sq. ft. 122.17’ 435.45’ OMU
Parcel 2 30,403.8 sq. ft. 152.08’ ~206.16’ OMU
The proposed parcels meet requirements of the Development Code for their zoning
district, including lot area, lot width, and lot depth. Additionally, the merger of Parcel A
and Parcel 3 (-062), will continue to address the lot merger need for the approved
development.
Access
The parcels within The Plaza are accessed from James Way, and reciprocal access
agreements to ensure access between the properties is accommodated. As part of the
approved development on the subject property, the applicant was required to provide
through access and emergency access to the hotel property to the south. All required
and necessary easements will be included on the final recorded document.
ALTERNATIVES:
The following alternatives are provided for the City Council’s consideration:
• Adopt the Resolution approving Lot Line Adjustment 16-001;
• Modify and adopt the Resolution approving Lot Line Adjustment 16-001;
• Do not adopt the Resolution, provide specific findings and direct staff to return
with a Resolution denying the lot line adjustment; or
• Provide direction to staff.
ADVANTAGES:
The proposed project will allow for the previously approved development project to
move forward, providing a much needed health care service and housing option to
elderly residents and those in need of special medical care in the area.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
The project was reviewed in accordance with the California Environmental Quality Act
(CEQA) and determined to be categorically exempt per Section 15305(a) of the CEQA
Item 9.j. - Page 3
CITY COUNCIL
CONSIDERATION OF LOT LINE ADJUSTMENT 16-001
JULY 26, 2016
PAGE 4
Guidelines regarding minor lot line adjustments not resulting in the creation of any new
parcel.
PUBLIC NOTICE AND COMMENT:
Per Municipal Code Subsection 16.12.030.B, a public hearing is not required for
approval of a lot line adjustment.
The Agenda was posted in front of City Hall on Thursday, July 21, 2016. The Agenda
and staff report were posted on the City’s website on July 22, 2016. No comments have
been received.
Item 9.j. - Page 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT
NO. 16-001; LOCATED AT 1271 JAMES WAY; APPLIED
FOR BY RUSS SHEPPEL
WHEREAS, on March 24, 2015, the City Council adopted Resolution No. 4651 approving
Amended Conditional Use Permit 15-001, Variance 15-001 and Lot Merger 15-001 for the
development of 1.8 acres for an approximately 55,000 square-foot, 70-bed assisted
living/memory care facility and sixteen (16) independent living units on real property,
located at 1271 James Way, Arroyo Grande, CA (the “subject property”); and
WHEREAS, Russ Sheppel (the “applicant”) has filed Lot Line Adjustment 16-001 to
modify property lines to allow for the approved development in place of Lot Merger 15-
001 due to financing constraints associated with the merger; and
WHEREAS, the Planning Commission of the City of Arroyo Grande reviewed the project
on July 5, 2016 and recommended the City Council adopt a Resolution approving the
proposed Lot Line Adjustment; and
WHEREAS, the City Council 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 15305(a) of the CEQA Guidelines regarding minor lot
line adjustments not resulting in the creation of any new parcel; and
WHEREAS, the City Council reviewed and considered the project at its meeting on July
26, 2016; and
WHEREAS, the City Council finds, after due study and deliberation, the proposed lot line
adjustment does not:
1. Create any new lots;
The proposed lot line adjustment will merge two lots and adjust the lot line
of a third lot, but no new lots will be created.
2. Include any lots or parcels created illegally;
All lots associated with Lot Line Adjustment 16-001 were legally created
and therefore the project will not include any lots created illegally.
3. Impair any existing access or create a need for access to any adjacent
lots or parcels;
Item 9.j. - Page 5
RESOLUTION NO.
PAGE 2
Access to the property exists from James Way and no new access is
required.
4. Impair any existing easements or create a need for any new easements
serving adjacent lots or parcels;
The proposed lot line adjustment does not impair existing easements or
create a need for any new easements serving adjacent lots. While the
subsequent development will result in the need for new easements to be
recorded, they are not required as part of the proposed project and are
conditioned to be recorded with the lot line adjustment.
5. Constitute poor land planning or undesirable lot configurations due to
existing environmental conditions or current zoning development
standards;
The proposed lot line adjustment will not constitute poor land planning or
undesirable lot configurations.
6. Require substantial alteration of any existing improvements or create a
need for any new improvements;
The proposed lot line adjustment does not require the alteration of any
existing improvements nor 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
The lots resulting from the proposed lot line adjustment will meet all
applicable development standards for the Office Mixed Use zoning district.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Lot Line Adjustment 16-001, as presented to the City Council on
July 26, 2016 as shown 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 Council Member _______, seconded by Council Member ________, and
by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 26th day of July, 2016.
Item 9.j. - Page 6
RESOLUTION NO.
PAGE 3
______________________________________
JIM HILL, MAYOR
ATTEST:
______________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT: ______________________________________ GEOFF ENGLISH, ACTING CITY MANAGER APPROVED AS TO FORM: ______________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
Item 9.j. - Page 7
RESOLUTION NO.
PAGE 4
EXHIBIT “A”
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT CASE NO. 16-001
1271 JAMES WAY
This approval authorizes the adjustment of interior lot lines between parcels in order to
accommodate entitled development.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
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
No. 16-001. Additionally, the applicant shall comply with all applicable conditions of
approval for Resolution No. 4651, as determined by the Community Development
Director.
3. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of July 26, 2016 and marked Exhibit “B”.
4. The applicant shall agree 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 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.
ENGINEERING DIVISION
5. The applicant shall submit all information required by Municipal Code Section
16.20.140.
6. The applicant shall pay processing and plan check fees at the time they are due.
7. The applicant shall have a licensed land surveyor in the State of California prepare
the final documents.
8. The applicant shall complete the lot merger and lot line adjustment via map, with
all necessary easements for the development of Amended Conditional Use Permit
Item 9.j. - Page 8
RESOLUTION NO.
PAGE 5
15-001 included at time of map recordation, to the satisfaction of the City
Engineer. These easements include, but are not limited to, public utility
easements, reciprocal access easements, emergency access easements, and
parking easements.
9. A current (within the last six (6) months) preliminary title report shall be submitted
to the Community Development Director prior to checking the final documents.
10. 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.
11. Any review costs generated by outside consultants shall be paid by the applicant.
Item 9.j. - Page 9
EXHIBIT B Item 9.j. - Page 10
Item 9.j. - Page 11
THIS PAGE INTENTIONALLY LEFT BLANK
Item 9.j. - Page 12