PC 2019-09-03_07b Coach Road COCMEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF CERTIFICATE OF COMPLIANCE 19-001;
LOCATION – 460 COACH ROAD; APPLICANT – MARTIN
DELEON; REPRESENTATIVE – LEAHA MAGEE, MBS LAND
SURVEYS
D ATE: SEPTEMBER 3, 2019
SUMMARY OF ACTION:
Approval of the project will result in the recognition of five (5) lots in an agricultural
district.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution approving
Certificate of Compliance 19-001.
BACKGROUND:
The project site is located on Coach Road, connects to Branch Mill Road, and is
zoned Agriculture (AG) (Attachment 1). The site has been previously developed
with a single family residence while the remainder has been utilized for passive
agricultural uses. The proposed Certificate of Compliance is certifying the legal
existence of five (5) lots from a portion of the Ranchos Bolsa de Chamisal and
Santa Manuela in 1891
As part of application processing, the City’s on-call land surveyors were utilized to
review documents submitted. Following this professional review, it was
recommended that the lots have been legally created, having been created in
compliance with State and local subdivision ordinances in place at the time each
parcel was created.
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
Item 7.b. - Page 1
PLANNING COMMISSION
CONSIDERATION OF CERTIFICATE OF COMPLIANCE 19-001
SEPTEMBER 3, 2019
PAGE 2
accordance with the SMA and local ordinance, which generally requires that either
a final or parcel map be recorded, but can also occur by conveyance through a
deed. However, Section 66499.30(d) exempts from this prohibition the sale, lease
or finance for any parcel in compliance 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 construction 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 part of the Ranchos Bolsa de Chamisal and
Santa Manuela maps recorded in June, 1891. Each of the five (5) parcels have
been transferred by deed following the original 1891 map. As each of the parcels
were created by deed in compliance with State and local subdivision ordinances
in place at the time, these parcels are considered legal lots and a certificate of
compliance should be issued.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
1.Adopt the attached Resolution approving Certificate of Compliance 19-001;
2.Modify and adopt the attached Resolution approving Certificate of
Compliance 19-001;
3. Provide direction to staff.
AD VANTAGES:
The proposed project confirms the legal status of lots which allows for higher
density development.
DISADVANTAGES:
None.
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.
Item 7.b. - Page 2
PLANNING COMMISSION
CONSIDERATION OF CERTIFICATE OF COMPLIANCE 19-001
SEPTEMBER 3, 2019
PAGE 3
ATTACHMENTS:
1. Color coded Assessor’s Parcel Number Map and grant deeds
2. Legal Lot Descriptions
Item 7.b. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING CERTIFICATE
OF COMPLIANCE NO. 19-001; LOCATED AT 460 COACH
ROAD; APPLIED FOR BY MARTIN DELEON
WHEREAS, the applicant has filed an application for a Certificate of Compliance to verify
the legality of five (5) lots located at 460 Crown Hill; and
WHEREAS, the subject property was originally subdivided by the Ranchos Bolsa de
Chamisal and Santa Manuaela in 1891; and
WHEREAS, the City of Arroyo Grande was not incorporated until 1911; and
WHEREAS, each of the five (5) lots were subsequently deeded off in compliance with
State and local subdivision regulations in place at the time of each deed; 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 September 3,
2019; 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 19-001, as presented to the Planning
Commission on September 3, 2019.
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.
Item 7.b. - Page 4
RESOLUTION
PAGE 2
______________________________
GLENN MARTIN, CHAIR
ATTEST:
___________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_____________________________
TERESA MC CLISH
COMMUNITY DEVELOPMENT DIRECTOR
Item 7.b. - Page 5
ATTACHMENT 1Item 7.b. - Page 6
Item 7.b. - Page 7
Item 7.b. - Page 8
Item 7.b. - Page 9
Item 7.b. - Page 10
Item 7.b. - Page 11
Item 7.b. - Page 12
Item 7.b. - Page 13
Item 7.b. - Page 14
Item 7.b. - Page 15
Item 7.b. - Page 16
Item 7.b. - Page 17
Item 7.b. - Page 18
Item 7.b. - Page 19
Item 7.b. - Page 20
Item 7.b. - Page 21
Item 7.b. - Page 22
Item 7.b. - Page 23
Item 7.b. - Page 24
Item 7.b. - Page 25
Item 7.b. - Page 26
Item 7.b. - Page 27
Item 7.b. - Page 28
Item 7.b. - Page 29
Item 7.b. - Page 30
Item 7.b. - Page 31
Item 7.b. - Page 32
Item 7.b. - Page 33
ATTACHMENT 2
Item 7.b. - Page 34
Item 7.b. - Page 35
Item 7.b. - Page 36
Item 7.b. - Page 37
Item 7.b. - Page 38
Item 7.b. - Page 39
Item 7.b. - Page 40
Item 7.b. - Page 41
Item 7.b. - Page 42
Item 7.b. - Page 43