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PC 09.a. COC and LLA - 204 LarchmontMEMORANDUM MEMORAND TO: PLANNING COMMISSION FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: MATTHEW DOWNING, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF CERTIFICATE OF COMPLIANCE NO. 15- 002 AND LOT LINE ADJUSTMENT NO. 15-002; LOCATION – 204 LARCHMONT DRIVE; APPLICANT – JON CRAMER; REPRESENTATIVE – JENS WAGNER DATE: APRIL 7, 2015 RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Certificate of Compliance No. 15-002 and Lot Line Adjustment No. 15-002. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. BACKGROUND: Location: Subject Properties PLANNING COMMISSION CONSIDERATION OF CERTIFICATE OF COM PLIANCE NO. 15-002 AND LOT LINE ADJUSTMENT NO. 15-002 APRIL 7, 2015 PAGE 2 Project Description: The proposed project consists of establishing an existing lot as a legal lot adjusting the interior lot lines between three (3) lots at the corner of Larchmont Drive and Wesley Avenue resulting in the consolidation of existing parcels into two (2) parcels (Attachment 1). ANALYSIS OF ISSUES: Certificate of Compliance A Certificate of Compliance is a document that verifies the legality of subdivided land described in the document (reference Municipal Code Section 16.20.160). This verification is based on a review of the rules and regulations that were applicable at the time the land was subdivided per the Subdivision Map Act (Government Code Section 66499.35). The subject property comprises three (3) lots, described as follows: Parcel 1: Lots 1 and 2 in Block 8 of the Valley View Tract, according to the map recorded July 22, 1926, in Book 3, Page 78 of Maps. Parcel 2: A portion of Lot 29 of the Resubdivision of part of the Ranchos Corral De Piedra, Pismo Bolsa De Chamisal, according to the map filed November, 1885 in Book A, Page 63 of Maps. A portion of Lot 75 of the Ranchos Corral De piedra, Pismo Bolsa De Chamisal, according to the map filed November, 1885 in Book A, Page 65 of Maps. Community Development Staff has reviewed the pertinent materials for the property in question and has determined that the properties were either officially subdivided or deed off from the larger Lots 29 and 75 in their c urrent configurations on December 11, 1952 (Attachment 1). This subdivision occurred prior to July 29, 1959 when the City redefined “subdivision as any division for the purpose of transferring land and requiring subdivision of four (4) or fewer lots to require approval of a tentative map. Therefore, staff has determined that the properties were legally subdivided and a lot line adjustment can be done. Lot Line Adjustment The proposed lot line adjustment will consolidate three (3) lots into two (2) lots while additionally adjusting an interior lot line resulting in modified lot depth compared to existing lots. The existing parcels are as follows: Table 1. Existing Parcel Sizes Parcel Number Lot Area Lot Width Lot Depth Zoning Lot 1 6,639.4 sq. ft. 60’ 105’ SF (D-2.4) Lot 2 6,020 sq. ft. 50’ 115’ SF (D-2.4) Parcel 2 23,921 sq. ft. 110’ 215’ SF (D-2.4) PLANNING COMMISSION CONSIDERATION OF CERTIFICATE OF COM PLIANCE NO. 15-002 AND LOT LINE ADJUSTMENT NO. 15-002 APRIL 7, 2015 PAGE 3 Currently, Lots 1 and 2 are nonconforming for lot area, lot width and building location requirements of the Single Family (SF) zoning district. Although Parcel 2 is not considered nonconforming, the structure that crosses its southern lot line is nonconforming. 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 14,150 sq. ft.± 110’ 125’ SF (D-2.4) Parcel 2 22,430 sq. ft.± 110’ 215’ SF (D-2.4) The proposed parcels meet requirements of the Development Code for their zoning districts, including lot area, lot width, and lot depth. Additionally, the merger of Lot 1 and Lot 2 will address the issue of a structure being placed over the existing lot line. While the structure will no longer cross the rear lot line, it will remain nonconforming due to the ten foot (10’) rear yard setback and thus the structure will be required to comply with Municipal Code Subsection 16.48.110.C for maintenance and reconstruction of nonconforming structures. All future additions to the residence would be required to conform to current development standards. Access Parcel 2 currently gains access from Wesley Avenue. However, due to the extension of the existing structure over the shared lot line with Lot 1, this access is proposed to be relocated. The applicant additionally owns Lot 3 of the Valley View Tract, which is currently undeveloped, and has included an access easement to Parcel 2 through Lot 3 and a small portion of Lot 2 in order to provide access. ALTERNATIVES: The following alternatives are provided for the Commission’s con sideration:  Adopt the attached Resolution approving Certificate of Compliance No. 15-002 and Lot Line Adjustment No. 15-002;  Modify and adopt the attached Resolution approving Certificate of Compliance No. 15-002 and Lot Line Adjustment No. 15-002;  Do not adopt the attached Resolution and instead provide direction for staff to return with an appropriate resolution including findings for denial of Lot Line Adjustment No. 15-002; or  Provide direction to staff. PLANNING COMMISSION CONSIDERATION OF CERTIFICATE OF COM PLIANCE NO. 15-002 AND LOT LINE ADJUSTMENT NO. 15-002 APRIL 7, 2015 PAGE 4 ADVANTAGES: Granting the requested certificate of compliance and lot line adjustment will verify the legal status of the lots in question and will accommodate existing development by moving or eliminating underlying lot lines in conflict with building foundations. DISADVANTAGES: None identified by staff. ENVIRONMENTAL REVIEW: Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and determined that it is categorically exempt per Section 15305 (a) of the CEQA Guidelines regarding minor lot line adjustment s not resulting in the creation of any new parcel. PUBLIC NOTICE AND COMMENT: Per Municipal Code Section 16.12.030 (B), a public hearing is not required for approval of a certificate of compliance or lot line adjustment. The agenda and staff report were posted at City Hall and on the City’s website on April 3, 2015. No comments have been received. ATTACHMENTS: 1. Joint Tenancy Grant Deed dated December 11, 1952 2. Proposed Lot Line Adjustment RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CERTIFICATE OF COMPLIANCE NO. 15-002 AND LOT LINE ADJUSTMENT NO. 15-002; LOCATED AT 204 LARCHMONT AVENUE; APPLIED FOR BY JON CRAMER WHEREAS, the applicant has filed Certificate of Compliance No. 15-002 to verify the legality of three (3) lots located at 204 Larchmont Avenue; and WHEREAS, the applicant has filed Lot Line Adjustment No. 15-002 proposes to adjust lot lines between the three lots, resulting in two parcels; and WHEREAS, Municipal Code Table 16.12.030 (B) requires that certificates of compliance and lot line adjustments be reviewed by the Planning Commission; and WHEREAS, the Planning Commission reviewed the projects at its meeting on April 6, 2015; and WHEREAS, the Planning Commission finds that this project is consistent with the City’s General Plan and Development Code; and WHEREAS, the Planning Commission finds, after due study and deliberation, the following circumstances exist; 1. The lots in question were legally subdivided as part of the Valley View Tract on July 22, 1926 and by deed on December 11, 1952, prior to the City of Arroyo Grande establishing specific requirements for subdivision of four (4) lots in 1959. WHEREAS, the Planning Commission further finds, after due study and deliberation, the proposed lot line adjustment does not: 1. Create any new lots; 2. Include any lots or parcels created illegally; 3. Impair any existing access or create a need for access to any adjacent lots or parcels; 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards; RESOLUTION NO. PAGE 2 6. Require substantial alteration of any existing improvements or 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Certificate of Compliance No. 15-002 and Lot Line Adjustment No. 15-002, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto a nd incorporated herein by this reference and as presented to the Planning Commission on April 7, 2015 and shown in Exhibit “B”, attached hereto and incorporated herein by this reference as though set forth in full. 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 7th day of April 2015. ATTEST: ______________________________ ___________________________ DEBBIE WEICHINGER LAN GEORGE, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: _____________________________ TERESA McCLISH, AICP COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. PAGE 3 EXHIBIT “A” CONDITIONS OF APPROVAL CERTIFICATE OF COMPLIANCE NO. 15-002 AND LOT LINE ADJUSTMENT 15-002 204 LARCHMONT AVENUE This approval verifies the legality of lots located at 204 Larchmont Avenue (APNs 007- 185-007 and 007-185-025) and further authorizes a lot line adjustment between portions said lots. GENERAL CONDITIONS 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 approva l for Certificate of Compliance No. 15-002 and Lot Line Adjustment 15-002. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of April 7, 2015 and marked Exhibit “B”. 4. This approval shall automatically expire on April 7, 2017 unless the lot line adjustment is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 5. Future development shall conform to the applicable zoning district requirements except as otherwise approved. 6. The applicant agrees 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 this 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. ENGINEERING DIVISION CONDITIONS: 7. The applicant shall submit all information required by Municipal Code Sec tion 16.20.140. RESOLUTION NO. PAGE 4 8. The applicant shall pay processing and plan check fees at the time they are due. 9. The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance and Lot Line Adjustment on City-approved forms. 10. The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. 11. Prior to Recordation of the Lot Line Adjustment, the applicants shall fully execute the Easement Reservation – Access and Utility Easements, or similar document to the satisfaction of the City Attorney, and provide proof of recordation with the County of San Luis Obispo to the Community Development Director. 12. 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. 13. The applicant shall furnish a certificate from the tax collector’s office indicating that there are no unpaid taxes or special assessment s against the property. BUILDING DIVISION CONDITIONS: 14. All unpermitted structures must be removed or permitted.