Loading...
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.