PC 2018-05-01_9a COC 18-001 529 Crown Hill
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: MAY 1, 2018
SUMMARY OF ACTION:
Approval of the project will result in the recognition of four (4) 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 (4) 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).
The Planning Commission reviewed the project at the March 20, 2018 meeting.
At that meeting, the Commission was unable to make a determination on the
application based on missing information and concerns regarding exhibit
accuracy. The applicant has submitted further documentation and a new exhibit
to provide a clearer picture of the history of the lot.
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.
PLANNING COMMISSION
CONSIDERATION OF CERTIFICATE OF COMPLIANCE 18-001
MAY 1, 2018
PAGE 2
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 complia nce 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.
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 const ruction
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 subdivided as part of the Beckett’s Crown
Hill Addition to the Town of Arroyo Grande in 1905, six (6) years prior to the
incorporation of the City of Arroyo Grande. The Beckett’s Addition created a
series of 25’x100’ feet lots along “Crown Street,” now known as Crown Hill
Street. Per the County of San Luis Obispo Subdivision Regulation Matrix
(Attachment 4), lots created by Tract Maps post-1893 are legally recognized.
These lots shared a rear property line with another series of 25’x100’ lots taking
access from the southern frontage of “Harrison Street,” a street t hat was
abandoned by City Council Resolution No. 114 on December 3, 1941
(Attachment 5). The Harrison Street right-of-way was a series of residential lots
oriented perpendicular to Crown Hill Street. Harrison Street additionally had
36.36’x68.75’ lots accessed from the northern frontage of the street.
The abandonment of Harrison Street resulted in the lots fronting Harrison Street
absorbing the abandoned right-of-way, with the northern 20’ of frontage being
provided to the lots north of Harrison Street, and the same with the southern 20’.
In this case, lots 60, 62, 64, 66, 15, 16, 19, and 21 all received a portion of the
Harrison Street right-of-way.
Lot 21 was originally a 36.36’x68.75’ lot as subdivided by the Becket’s Crown Hi ll
Addition. However, in 1908, Lots 15-44, as well as others, were sold to Amos
Henry. As part of this sale, the eastern 10’ of lots 21 and 22 were reserved by the
Beckett family to provide access to Harrison Street (Attachment 6). With the
abandonment of Harrison Street, the 10’ strip was not deeded back to the owner
of Lot 21, and instead is owned in its entirety by the owner of Lot 22, resulting in
a smaller lot than the other lots on the north side of the abandoned Harrison
Street right-of-way. Per the County Subdivision Matrix, lots could be legally
subdivided and otherwise modified by grant deed until 1966.
PLANNING COMMISSION
CONSIDERATION OF CERTIFICATE OF COMPLIANCE 18-001
MAY 1, 2018
PAGE 3
Lots 59, 60, 62, 64, and 66 are not proposed to be recognized at this time, and
shall remain a single lot with five (5) underlying lots.
Lots 15, 17, 19, and the smaller lot 21 are proposed to be recognized as legal
lots, as created by the Beckett’s Crown Hill Addition in 1905, and the modification
to Lot 21 in 1908. These lots have never been formally merged, and the
underlying lot lines 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 four (4) 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 higher
density 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 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.
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
4. County of San Luis Obispo Subdivision Regulation Matrix
5. City Council Resolution No. 114
6. Sale of property from J. F. Beckett to Amos Henry
7. 171 Deeds 111 – Boynton to Loomis sale of Lot 17
PLANNING COMMISSION
CONSIDERATION OF CERTIFICATE OF COMPLIANCE 18-001
MAY 1, 2018
PAGE 4
8. Book 308 Page 297 OR – Boynton to Loomis sale of Lot 19
9. Book 929 Page 8 OR – Haugan to Carlson sale of Lots 15 and 21
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 four (4) 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 continued the item and was unable to make a determination due to a lack of
provided information; and
WHEREAS, the Planning Commission reviewed the project at its meeting on May 1,
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 May 1, 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 1st day of May, 2018.
RESOLUTION
PAGE 2
______________________________
GLENN MARTIN, CHAIR
ATTEST:
___________________________
DEBBIE WEICHINGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_____________________________
TERESA MCCLISH
COMMUNITY DEVELOPMENT DIRECTOR
CROWN STREETLA POINT TERRACELE POINT STREET
VACATED
HARRISON
STREET GARING, TAYLOR & ASSOCIATES, INC.CIVIL ENGINEERS SURVEYORS PLANNERS141 SOUTH ELM STREET · ARROYO GRANDE, CA 93420 · (805) 489-1321LEGEND
NOTES
ATTACHMENT 1
ATTACHMENT 2
PARCEL 1: (PORTION OF A.P.N. 007-264-020)
LOTS 15, 17, 19, 59, 60, 62, 64 AND 66 IN BLOCK 28-A OF BECKETT'S CROWN HILL
ADDITION TO THE TOWN OF ARROYO GRANDE, IN THE CITY OF ARROYO GRANDE,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP
RECORDED JUNE 19, 1905 IN BOOK A AT PAGE 57 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 2: (PORTION OF A.P.N. 007-264-020)
THAT PORTION OF THE NORTH ONE-HALF OF THE HARRISON STREET WHICH
ADJOINS LOTS 15, 17 AND 19 AND THE WEST 26.36 FEET OF LOT 21 IN BLOCK 28 -A OF
BECKETT'S CROWN HILL ADDITION TO THE TOWN OF ARROYO GRANDE, IN THE CITY
OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,
ACCORDING TO MAP RECORDED JUNE 19, 1905 IN BOOK A AT PAGE 57 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID HARRISON STREET
HAVING BEEN ABANDONED BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, DATED NOVEMBER 19, 1941, A COPY OF WHICH RESOLUTION WAS
RECORDED DECEMBER 3, 1941 IN BOOK 311, PAGE 145 OF OFFICIAL RECORDS.
PARCEL 3: (PORTION OF A.P.N. 007-264-020)
THAT PORTION OF THE SOUTH ONE-HALF OF HARRISON STREET WHICH ADJOINS
LOTS 60, 62, 64 AND 66 IN BLOCK 28-A OF BECKETT'S CROWN HILL ADDITION TO THE
TOWN OF ARROYO GRANDE, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JUNE 19, 1905 IN
BOOK A AT PAGE 57 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID HARRISON STREET HAVING BEEN ABANDONED BY RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, DATED NOVEMBER 19, 1941, A
COPY OF WHICH RESOLUTION WAS RECORDED DECEMBER 3, 1941 IN BOOK 311,
PAGE 145 OF OFFICIAL RECORDS.
PARCEL 4: (A.P.N. 007-264-007)
LOT 21 IN BLOCK 28-A OF BECKETT'S CROWN HILL ADDITION TO THE TOWN OF
ARROYO GRANDE, IN THE CITY OF ARROYO GRANDE, CO UNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JUNE 19, 1905 IN BOOK A AT
PAGE 57 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE EASTERLY 10 FEET OF LOT 21.
PARCEL 5:
A NON EXCLUSIVE EASEMENT FOR UTILITIES, APPURTENANT STRUCTURES AND
INCIDENTAL PURPOSES OVER LOT 65 IN BLOCK 28A OF BECKETT'S CROWN HILL
ADDITION TO THE TOWN OF ARROYO GRANDE, IN THE CITY OF ARROYO GRANDE,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP
RECORDED JUNE 19, 1905 IN BOOK A AT PAGE 57 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, AS CONVEYED BY DOCUMENT RECORDED
OCTOBER 4, 1996 AS INSTRUMENT NO. 1996-049946 OF OFFICIAL RECORDS.