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PC 09.a. MER 15-003 Le Point StreetMEMORANDUM MEMORAND TO: PLANNING COMMISSION FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: MATTHEW DOWNING, ASS OCIATE PLANNER SUBJECT: CONSIDERATION OF LOT MERGER 15-003; LOCATION – 515 LE POINT STREET; APPLICANT – GUY TORELLI; REPRESENTATIVE – MARK VASQUEZ DATE: DECEMBER 1, 2015 RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Lot Merger 15-003. IMPACT TO FINANCIAL AND PERSONNEL RESOURCES: None. BACKGROUND: Location: Subject Property PLANNING COMMISSION CONSIDERATION OF LOT MERGER 15-003 DECEMBER 1, 2015 PAGE 2 Project Description: The proposed project consists of merging two (2) lots located at 515 Le Point Street into one (1) 7,475 square foot lot. ANALYSIS OF ISSUES: The subject property is zoned Single Family (SF) and located in the D-2.4 Historic Character Overlay District. A Lot Merger is required for the expansion of the existing carport into a two (2) car garage over the lot line. Additionally, the existing remainder lot is substandard and would be near impossible to develop without merging with the adjacent lot as proposed. Parcels proposed for Merger A.P.N. Size (sf) Lot size Zone 007-253-014 1,725 50’ x 115’ SF (D-2.4) 007-253-013 5,750 15’ x 115’ SF (D-2.4) Total 7,475 65’ x 115’ ALTERNATIVES: The following alternatives are provided for the Commission’s consideration: • Adopt the attached Resolution approving Lot Merger 15-003; • Modify and adopt the attached Resolution approving Lot Merger 15-003; • Do not adopt the attached Resolution, provide specific findings and direct staff to return with a resolution for denial of Lot Merger 15-003; or • Provide direction to staff. ADVANTAGES: The proposed merges existing substandard lots to allow for development of the site in accordance with the Municipal Code and the property owner’s plans. DISADVANTAGES: None identified by staff. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act (CEQA) Guidelines, staff has reviewed the proposed project and determined that it is categorically exempt per Section 15305 of the Guidelines regarding minor alterations to land use limitations. PUBLIC NOTICE AND COMMENT: Per Municipal Code Section 16.12.030 (B), a public hearing is not required for approval of a lot merger. The agenda and staff report were posted at City Hall PLANNING COMMISSION CONSIDERATION OF LOT MERGER 15-003 DECEMBER 1, 2015 PAGE 3 and on the City’s website on November 25, 2015. No comments were received prior to agenda packet distribution. ATTACHMENT: 1. Lot merger exhibit RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT MERGER 15-003; LOCATION – 515 LE POINT STREET; APPLIED FOR BY GUY TORELLI WHEREAS, the applicant proposes to merge two (2) lots located at 515 Le Point Street; and WHEREAS, Municipal Code Table 16.12.030 (B) requires that lot mergers be reviewed by the Planning Commission; and WHEREAS, the Planning Commission reviewed the project at its meeting on December 1, 2015; and WHEREAS, the Planning Commission finds, after due study and deliberation, the following circumstances exist and are consistent with the City’s General Plan and Development Code: Lot Merger Findings: 1. Merged lots should comply wherever feasible with the minimum lot size, lot width, and lot depth requirements of the zoning district in which it is located. The proposed project would merge two (2) lots into one (1) and the new lot would be conforming to the SF zoning district development standard for size, lot width, and lot depth. 2. Adequate access and placement of easements shall be provided. Access to the new lot will be accommodated from Le Point Street and no additional easements are necessary for the site. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Merger 15-003 with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. 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 December 2015. RESOLUTION NO. PAGE 2 ATTEST: ______________________________ ___________________________ DEBBIE WEICHINGER LAN GEORGE, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: _____________________________ TERESA McCLISH DIRECTOR OF COMMUNITY DEVELOPMENT RESOLUTION NO. PAGE 3 EXHIBIT “A” CONDITIONS OF APPROVAL LOT MERGER 15-003 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 approval for Lot Merger 15-003. 3. The applicant shall agree to indemnify and defend 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 developer shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's 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 the developer of his/her obligations under this condition. 4. The applicant shall comply with all provisions of Municipal Code Section 16.20.150. 5. The applicant shall pay all applicable fees at the time they are due. 6. A current preliminary title report shall be submitted to the Community Development Director prior to checking the final merger documents. 7. 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. 8. A Notice of Merger shall be recorded with all pertinent conditions of approval satisfied prior to issuing a building permit. 515 LE POl/l\IT STREET, ARROV0 GRANDE VOLUNTARY LOT MERGER PARCEL 2 45PM 64 LOT 31 LOT 30 ··PARCEL B 39 PM 32 s 61°00'00" w 64.99' r LINE BEING 27.53' ELIMINA:JED 1651' 1-----'-l ~ --,,, -:-r---1 -~c: ~ I 0 1 EXIST I ILIQ)Li ~ IJ'ill[NJ I GARAGE I APN 007-253-014 ~!L~rGilZf _ --j_J rt; 4.15' 7.37' ~ (, rr-----, ~ ~ ;;j"" -c,o'<!' I I ;::; :::\ #"' ~ I : rl 'l.;,;. --r_J I 5 ! ~ I I ~ a t;; I I °' ~ , ~ I EXIST RESIDENCE i ~ Rl 5 I ! z z ~ I I ~ I i -~~ j I I l-1---0~(, - --r~ I 20.49' c 20.42' c I ~ II o/'"~-"'-----&.~~--i-..~..i..~.....,~>;..,..~~....i~ ...... ~ -~c: ~61°00'00" E 1 ~I 64.97' w__ :_/I] _ ____J u L~ I _ -CONC CONCCURB GUTTER&S!DEWALK CONCl D/W ' D/W ------- LOT2 1.11 (V) ---,------------ 1.11 (V) APPROX. 40' WIDE AC PAVING I _l_ Le Point Street EXIST CONC CURB, GUITER & VARYING SIDEWALK ---------- 1.11 (V) 1.11 (V) 0 5 10 20 I I dozsL"'iOI 1 INCH= 20 FEET ATTACHMENT 1 APN: 007-253-013 APN: 007-253-014 EXHIBIT A LEGAL DESCRIPTION VOLUNTARY NOTICE OF MERGER CITY FILE# LOT 1 IN BLOCK C OF LE POINT ADDITION, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED MARCH 2, 1903 IN BOOK BAT PAGE 7 OF MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A PARCEL OF LAND IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF CROWN TERRACE AND THE NORTHWESTERLY LINE OF LE POINT STREET, AS SAID INTERSECTION IS SHOWN ON THE MAP OF LE POINT ADDITION TO THE TOWN OF ARROYO GRANDE, FILED IN BOOK B, PAGE 7 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LE POINT STREET, NORTH 61° EAST, 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 29° WEST, 115 FEET; THENCE, NORTH 61° EAST, 15 FEET; THENCE, SOUTH 29° EAST, 115 FEET TO THE NORTHWESTERLY LINE OF SAID LE POINT STREET; THENCE, ALONG SAID NORTHWESTERLY LINE, SOUTH 61° WEST, 15 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 7,475 SQUARE FEET, MORE OR LESS. END OF DESCRIPTION 10/13/2015 ~ PLS 7868 -</I' f' O~F---" EXHIBIT B REFERENCE MAP VOLUNTARY NOTICE OF MERGER APN: 007-253-013 APN: 007-253-014 LEGEND PARCEL 2 45 PM 64 NEW PARCEL BOUNDARY LOT LINE BEING ELIMINATED I 1' 10 20 ' 1 INCH = 20 FEET PARCEL B 39 PM 32 ®Green Land Surveys P.O. Box 107, Grover Beach Ca 93483 723 E. Grand Ave, Arroyo Grande Ca 93420 Ph: 805481-0330 I greenlandsurveys.com GLS JOB# VASQUEZ15001 8 0 0 0 O"\ N z LI") rt) Cl1Y FILE# I LOT 31 LOT30 s 61 '00'00" w 65.00' I LINE BEING r ELIMINATED N 61 '00'00" E 65.00' Le Point Street (, ~LOTZ .,. N °' "' 0 00 N z LI") rt)