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PC 2017-10-03 7b MER 17-004 CornwallMEMORANDUM TO: PLANNING COMMISSION FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: SAM ANDERSON, PLANNING TECHNICIAN SUBJECT: CONSIDERATION OF LOT MERGER 17-004; LOCATION – 505 CORNWALL AVENUE; APPLICANT – KEVIN HUNSTAD DATE: OCTOBER 3, 2017 RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Lot Merger 17-004. SUMMARY OF ACTION: Take action to approve a Lot Merger between two existing legally non - conforming lots. IMPACT TO FINANCIAL AND PERSONNEL RESOURCES: None. BACKGROUND: The proposed project consists of merging two (2) existing underlyin g lots at 505 Cornwall Avenue. The Western Addition (Attachment 2) in 1894 subdivided the existing lot, among others, into a series of 25’x125’ rectangular lots. These 25’x125’ lots have been informally combined and packaged into a series of larger lots since the original subdivision. 505 Cornwall, in its current configuration, is a collection of four (4) of these lots (Attachment 3), Lots 17-20 in block 4 of the Western Addition. A single family home, detached garage, and assorted accessory structures currently exist scattered throughout the property. The County Tax Assessor currently recognizes the legal lot line separating Lot 20, while assessing Lots 17-19 as one parcel spanning the remainder of the property. Existing structures span the property line separating Lot 20 from Lots 17-19. The City acknowledges the existence of all four (4) lots as having been legally created as part of the Western Addition. ANALYSIS OF ISSUES: The applicant proposes to merge Lots 17 and 18 into one 50’x125’ lot in order to provide for more orderly future development of the site. The applicant intends to demolish all existing structures on site and develop two (2) narrow homes on PLANNING COMMISSION CONSIDERATION OF LOT MERGER 17-004 OCTOBER 3, 2017 PAGE 2 Lots 19 and 20, and will propose a new single family home at a later date on the merged lot. Although the merged lot will not meet the minimum width of seventy feet (70’) or minimum lot size of 7,200 square feet as required in Arroyo Grande Municipal Code (AGMC) Section 16.32.050, the merged lot will combine two (2) legally created non-conforming lots into one (1) non-conforming lot closer to being in conformance with AGMC development standards. ALTERNATIVES: The following alternatives are provided for the Commission’s consideration:  Adopt the attached Resolution approving Lot Merger 17-004;  Modify and adopt the attached Resolution approving Lot Merger 17-004;  Do not adopt the attached Resolution and provide direction to staff regarding specific findings for denial of Lot Merger 17-004; or  Provide direction to staff. ADVANTAGES: The proposed project will legally merge two non-conforming lots into a lot size more properly suited for traditional single-family development. DISADVANTAGES: None identified by staff. ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and determined to be exempt per Section 15061(b)(3) of the CEQA Guidelines regarding projects where it can be determine d with absolute certainty that no significant impact will occur. 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 was posted at City Hall and on the City's websi te in accordance with Government Code Section 54954.2. No comments have been received. ATTACHMENTS: 1. Location Map 2. Western Addition Map 3. Assessor’s Map 4. Project Plans (available for public review at City Hall) RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT MERGER 17-004; LOCATED AT 505 CORNWALL DRIVE; APPLIED FOR BY KEVIN HUNSTAD WHEREAS, the applicant proposes to merge two legally non-conforming underlying lots located at 505 Cornwall Avenue; and WHEREAS, Municipal Code Table 16.12.030 (B) requires that lot mergers be reviewed by the Planning Commission; and WHEREAS, the Planning Commission has reviewed this 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 determined the project exempt per Section 15061(b)(3) of the CEQA Guidelines regarding projects where it can be determined with absolute certainty that no significant impact will occur. WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed meeting on October 3, 2017; and WHEREAS, the Planning Commission finds, after due study and deliberation, that the merger is consistent with the City’s General Plan and Development Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Merger 17-004 as set forth in Exhibit “B”, attached hereto and incorporated herein by this reference, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner _______, seconded by Commissioner _______, and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 3rd day of October, 2017. RESOLUTION NO. PAGE 2 _______________________________ GLENN MARTIN, CHAIR ATTEST: _______________________________ DEBBIE WEICHINGER, SECRETARY TO THE COMMISSION AS TO CONTENT: _______________________________ TERESA MCCLISH COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. PAGE 3 EXHIBIT ‘A’ CONDITIONS OF APPROVAL LOT MERGER 17-004 LOCATED AT 505 CORNWALL AVENUE COMMUNITY DEVELOPMENT DEPARTMENT 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 applicable conditions of approval for Lot Merger 17-004. 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 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 under this condition. 4. This approval shall automatically expire on October 3, 2019 unless the merger is recorded or an extension is granted pursuant to Section 16.12.140 of the Municipal Code. 5. The applicant shall comply with all provisions of Municipal Code Section 16.20.150. 6. The applicant shall pay all applicable fees at the time they are due. 7. A current preliminary title report shall be submitted to the Community Development Department prior to checking the final documents. 8. It is the City’s preference that the Notice of Merger be recorded via map but it may also be recorded via a certificate of compliance in compliance with the Subdivision Map Act. All pertinent conditions of approval shall be satisfied prior to issuance of any building permit. RESOLUTION NO. PAGE 4 9. If the merger is recorded via a map, 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. If the merger is recorded via a certificate of compliance, information from the tax collector’s office shall be provided to show that there are no unpaid taxes or special assessments against the property. SYMBOL LEG EN D: ~ I I I I ~ I I I WATER METER PG&E BO X CABLE T. V. BOX PAC IFI C BE LL BOX WATER VA LVE RETAINING WALL FE NCE LINE STRE ET LI GHT BRICK WALK FIRE HYDRANT AB B REVIAT IONS : AC ASPHALT CONCRETE BM BENCH MARK BLDG BU ILDING SSW BACK OF SIDEWALK CO CLEAN OUT DW DRIVE WAY EG EXISTING GRADE EP EDGE OF PAV EMENT ETW EDGE OF TRAVELED WAY FD FOU ND FL FLOWLINE FF FINI SHED FLOOR FSW FRONT OF SIDEWA LK GR GRASS GRE ED GE OF GRASS GM GAS METER IP IRON PIPE GB GRADE BREAK LT LIGHT MH MAN HOLE PP POWER POLE SNF SEARC H FOR. NOT FOUN D TC TOP OF CURB TG TOP OF GRA TE TW TOP OF WALL WM WATER METER WV WATER VAL VE (E) EX ISTING MAP DISC LAI ~1 l RS : 1. ONLY THE SURFACE EVIDENCE OF UND ERGROUN D UTILITIES HAVE BEEN MEASUR ED IN THE FI ELD ON THIS SURVEY. IF APPRO XI MATE UNDERGROUND ALIGNMENTS ARE SHOWN, I MAKE NO GUARAN TE E A S TO THE ACTUAL LOCATION , TYPE , OR DEP TH OF THOSE UNDERGROUN D UTILITIES. CA LL UNDERGROUND SERV IC E AL ERT (USA) AT 1-800-642-2444 TO VERIFY THE ACTUAL LOCATION OF UTILITIES PRIOR TO ANY EXCAVATION. THE SURVEYOR ALSO HAS MADE NO INVESTIGATION AS TO SUBSURFACE EN VIRO NMEN TAL COND I TIONS THAT WOULD AFFEC T THE USE OR DEVELOPMENT OF THIS PROPERTY. 2. IT WILL BE THE ARCHITEC T'S RESP ONSIBILITY TO VERIFY SETBACK AND HEIGHT RESTRICTIONS WI TH TH E LOCAL GOVERNING AGE NCY. 3. CDS WILL NOT BE LIABL E FOR EL ECTRO NIC VERSIONS OF THIS MAP PROVIDED TO OTHE R PARTIES 4. THE BOUNDARY LINES SHOWN HEREON ARE APPROXIMATE. THESE LINES WERE COMPILED FROM RECORD INFORMATION. BOUNDARY Lll~E S SHOWN ARE APPR OXI MATE AND WILL NEED TO BE FIELD VERIFIED PRIOR TO CONSTRUCTION OF ANY FOUNDATION BASED ON SPECIF IC AGENCY SETBACK REQUIREMENTS. APN 006-017-005,018 BEN CHM.A RK T.B.M.ASSUMEO ELEVATION TO P OF SEWER MANHOLE SHOWN HEREON ELEVATION= 100.00 SITE ADDRESS 505 CORN WALL A VE ARROYO GRANDE, CA 93420 _J _J <( s z _,.· ... 100 .00 er: 0 u 0 • 0 CD -;·r; :.·., i '.'i • ~·· 0 0 L() N23°03'59"W 124.70' - r-~~------------1 I -" I I I ~ 1 (E) BLDG 1 (\ I I V I I -------------------- NOTE: ALL BUILDINGS AND TREES ARE TO BE REMOVED OAK STREET I I S66°56'01"W 50.00' - I I ----------- ----- VOLUNTARY MERGER OF LOT 17 AND LOT 18, BLOCK 4 OF THE WESTERN ADDITION TO THE TOWN OF ARROYO GRANDE PER MAP BOOK B AT PAGE 10, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBIPSO, STATE OF CALIFORNIA 1 I I JULY 2017 8/21/2017 GRAPIDI SCALE RECEIVED SEP 2 6 2017 COMMUNITY DEVELOPMENT CITY OF ARROYO GRANDE 1 -~ ~~~ 0 II 10 I 20 40 ( IN FEET ) I inch= 10 ft. P.0.BOX207 CIVIL DESIGN SOLUTIONS ARROYO GRAllfDE, CA 9342/ 805 621-3050 ROBrJ!i,CIV!lD f.:SJCN-SOLUTJ(Jl\'S.COA! VOLUNTARY MERGER 505 CONW ALL A VENUE CITY OF ARROYO GRA,VDE COUNTY OF SAN LUJS OBISPO, STATE OF CAL!l"ORNJA DESIGI'VIDRA WlV: CITY PLA!•l CHECK: JOB No.: C'ITY WO. A'o. CALIFORNIA COO R DfJ1lATES: bAli ~EET •.......................................................................................................................................................................................................................................... .i.;N;.. ............ iE ................................ -"1 1 SHEE1S 505 Cornwall REVISIONS /.S. DATE NA 03-19-04 05-070 07-13-04 09-086 06-17-08 12-137 02-29-12 NA 07-31-14 r;~ \:..:J 50 o 100 eoo LG THIS MAP IS PREPARED FOR 02-22-00 ASSESSMENT PURPOSES ONLY. 0 IO 0 IO 50 ..J ..J ll.J CD BENNEIT 25 I I 12 I IC) ~ 25 CORNWALL 5 16 I 18 I I A/. ~-'.5 7 '£ AVE.~ 25 IC) °" It) 100 °" 2 25 .?o !f> 0 .s 6''1 50 1- CJ) 25 25 I ,_, 5 I 6 I 7 I 8 I 9 I 10 I II ir~ I I I I I I ;;; I I I@ I I ~I~ I I OJ56~ ACJ I I ~ I I I I I I I ~ 25 "" .?o If" '3' .s 0 '1> AVE. IO 150 25 AVE. . 1- CJ) CD 006-17 WESTERN ADDITION, R.M. Bk. B , Pg. 10. CITY OF ARROYO GRANDE ASSESSOR'S MAP6 COUNTY OF SAN LUIS OB/SP , CA. BOOK 006 PAGE 1 7