PC 2018-03-20_7b COC 18-001 529 Crownhill
MEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: SAM ANDERSON, PLANNING TECHNICIAN
SUBJECT: CONSIDERATION OF CERTIFICATE OF COMPLIANCE 18-001;
LOCATION – 529 CROWN HILL; APPLICANT – BENJAMIN
HALL; REPRESENTATIVE – JENNY EMRICK, GARING,
TAYLOR & ASSOCIATES
DATE: MARCH 20, 2018
SUMMARY OF ACTION:
Approval of the project will result in the recognition of five (5) legal underlying lots
on a residential parcel.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution app roving
Certificate of Compliance 18-001.
BACKGROUND:
The project site is located on Crown Hill Street and is zoned Single Family (SF)
(Attachment 1). The site has been previously developed with three structures,
including a single-family home and two accessory structures in the rear of the
property. The proposed Certificate of Compliance is certifying the legal existence
of four (5) underlying lots from the original Beckett’s Crown Hill Addition in 1905
(Attachment 2). These lots include 15, 17, 19, and a portion of lot 21 (Attachment
3).
ANALYSIS OF ISSUES:
Certificate of Compliance
A Certificate of Compliance is a document used to verify the legality of a
subdivided lot. The Subdivision Map Act (SMA) regulates the legal subdivision of
properties.
Government Code Section 66499.30(a)-(c) prohibit the sale, lease or financing of
any parcel of real property unless such property has been subdivided in
accordance with the SMA and local ordinance, which generally requires that
either a final or parcel map be recorded. However, Section 66499.30(d) exempts
from this prohibition the sale, lease or finance for any parcel in compliance with
PLANNING COMMISSION
CONSIDERATION OF CERTIFICATE OF COMPLIANCE 18-001
MARCH 20, 2018
PAGE 2
or exempt from any law, regulating the design and imp rovement 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.
The property in question was originally subdivided as part of the Beckett’s Crown
Hill Addition to the Town of Arroyo Grande, six (6) years prior to the incorporation
of the City of Arroyo Grande. The Beckett’s Addition created a series of 25’x125’
feet lots along “Crown Street,” now known as Crown Hill Street. These shared a
rear property line with another series of 25’x125’ lots taking access from the
southern frontage of “Harrison Street,” a street that was abandoned by City
Council Resolution on December 3, 1941. The Harrison Street right -of-way was a
series of residential lots oriented perpendicular to Crown Hill Street. Harrison
Street additionally had lots accessed from the northern frontage of the street.
These lots have been informally amalgamated over the years into more modern
sized single family lots, such as the property at 529 Crown Hill. However, these
lots have never been formally merged, and the underlying lot lines demarcating
lots 59, 60, 62, 64, 66, 15, 17, 19, and a portion of lot 21 as well as the
abandoned Harrison Street right-of-way still legally exist, in accordance with the
SMA.
Based on the original legal subdivision creating the underlying lots that make up
the subject property, the five (5) underlying lots located at the subject property
should be considered to be legal lots and a certificate of compliance should be
issued.
ADVANTAGES:
The proposed project confirms the legal status of lots which allows for flexibility in
development.
DISADVANTAGES:
None.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
Adopt the attached Resolution approving Certificate of Compliance 18-001;
Modify and adopt the attached Resolution approving Certificate of
Compliance 18-001;
Provide direction to staff.
ENVIRONMENTAL REVIEW:
The project was reviewed in accordance with the California Environ mental
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.
PLANNING COMMISSION
CONSIDERATION OF CERTIFICATE OF COMPLIANCE 18-001
MARCH 20, 2018
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. Site Plan
2. Beckett’s Crown Hill Addition to the Town of Arroyo Grande Tract Map
3. Legal Lot Descriptions
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CERTIFICATE OF COMPLIANCE NO. 18-001; LOCATED
AT 529 CROWN HILL; APPLIED FOR BY BENJAMIN HALL
WHEREAS, the applicant has filed an application for a Certificate of Compliance to
verify the legality of five (5) underlying lots located at 529 Crown Hill; and
WHEREAS, the subject property was originally subdivided by the Beckett’s Crown Hill
Addition in 1905; and
WHEREAS, the City of Arroyo Grande was not incorporated until 1911; and
WHEREAS, the subdivision met regulations for the County of San Luis Obispo in place at
the time of the subdivision; 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.
WHEREAS, the Planning Commission reviewed the project at its meeting on March 20,
2018; and
WHEREAS, the Planning Commission finds, after due study and deliberation, that the
lots were legally created.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Certificate of Compliance 18-001, as presented to the
Planning Commission on March 20, 2018.
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 20th day of March, 2018.
RESOLUTION
PAGE 2
______________________________
GLENN MARTIN, CHAIR
ATTEST:
___________________________
DEBBIE WEICHINGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_____________________________
TERESA MCCLISH
COMMUNITY DEVELOPMENT DIRECTOR