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2021-06-01_7b 811 E Cherry LLAMEMORANDUM MEMORAND TO: PLANNING COMMISSION FROM ANDREW PEREZ, ASS OCIATE PLANNER SUBJECT: CONSIDERATION OF LOT LINE ADJUSTMENT NO. 21-001; LOCATION – 811 EAST CHERRY AVENUE; APPLICANT – KAREN ESTES; REPRESENTATIVE – TRISH HALL DATE: JUNE 1, 2021 SUMMARY OF ACTION: Approval of the Lot Line Adjustment will relocate an existing property line between two (2) parcels on East Cherry Avenue. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Lot Line Adjustment No. 21-001 (Attachment 1). BACKGROUND: The subject properties are located on East Cherry Avenue and are zoned Single Family (SF) (Attachment 2). The subject property is comprised of property that was originally Lots 32 and 33 of Steel’s Resubdivision, and originally part of the Ranchos Corral De Piedra, Pismo and Bolsa de Chamisal subdivision. The applicant is requesting a Lot Line Adjustment to create a parcel suitable for development of a new single family residence. Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the proposed project on April 14, 2021, and discussed public improvements associated with future development on either parcel. Members of the SAC were supportive of the project and recommended approval to the Planning Commission subject to the conditions included in the draft resolution. ANALYSIS OF ISSUES: Project Description: The proposed Lot Line Adjustment will adjust the lot lines dividing the 84,744 square foot parcel and the 2,189 square foot parcel resulting in modification of parcel shapes, width, depth, and parcel areas (Attachment 3). The existing parcel dimensions are as follows: Item 7.b - Page 1 PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT NO. 21-001 JUNE 1, 2021 PAGE 2 Table 1. Existing Parcel Sizes Parcel Number Lot Area Max Width Max Depth Zoning Parcel 1 84,744 sq. ft. 291’ 297’’ SF Parcel 2 2,189 sq. ft. 145’ 15’ SF Parcel 1 meets all of the requirements for parcels in the SF zone, whereas Parcel 2 only meets the minimum width requirement. A total of 41,319 square feet will be exchanged as a result of this proposal. The lot line adjustment would result in the lot sizes as shown in Table 2 below. Table 2. Proposed Parcel Sizes Parcel Number Lot Area Max Width Max Depth Zoning Parcel 1 43.425 sq. ft. 145.64’ 297.5’ SF Parcel 2 43,507 sq. ft. 145.65’ 298.5’ SF An approval of the lot line adjustment would make both parcels conform to all development standards for the zoning district. Access A circular driveway off Lierly Lane provides access to the existing single family residence on the subject property. Future access to Parcel 1 will be taken from E. Cherry Ave. Standards for Approval The Municipal Code states that the Planning Commission shall approve or conditionally approve a lot line adjustment if it does not: • Create any new lots • Include any lots or parcels created illegally • Impair any existing access or create a need for access to any adjacent lots or parcels • Impair any existing easements or create a need for any new easements serving adjacent lots or parcels • Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards; • Require substantial alteration of any existing improvements or create a need for any new improvements; or • Create a nonconforming lot in the development district in which it exists. The proposed application meets the criteria for approval; therefore, staff recommends approval of the lot line adjustment. Item 7.b - Page 2 PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT NO. 21-001 JUNE 1, 2021 PAGE 3 ALTERNATIVES: The following alternatives are provided for the Commission’s consideration: 1. Adopt the attached Resolution approving Lot Line Adjustment No. 21-001; 2. Modify and adopt the attached Resolution approving Lot Line Adjustment No. 21-001; 3. 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. 21-001; or 4. Provide direction to staff. ADVANTAGES: Granting the requested lot line adjustment will bring an existing nonconforming into conformance, and will allow for development of an underutilized site.. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and deemed categorically exempt per Section 15305(a) of the CEQA Guidelines regarding minor lot line adjustments 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 lot line adjustment. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Draft Resolution 2. Project vicinity map 3. Proposed Lot Line Adjustment Item 7.b - Page 3 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT NO. 21-001; LOCATED AT 811 EAST CHERRY AVENUE; APPLIED FOR BY KAREN ESTES WHEREAS, the applicant has filed Lot Line Adjustment No. 21-001 to adjust lot lines between the two (2) parcels located at 811 East Cherry Avenue maintaining a total of two (2) parcels; and WHEREAS, the proposed Lot Line Adjustment meets the standards identified in the Municipal Code; and WHEREAS, Municipal Code Table 16.12.030 (B) requires that lot line adjustments be reviewed by the Planning Commission; and WHEREAS, the Planning Commission reviewed the project at its meeting on June 1, 2021; 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 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; 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. ATTACHMENT 1 Item 7.b - Page 4 RESOLUTION NO. PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment No. 21-001 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 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 June, 2021. Item 7.b - Page 5 RESOLUTION NO. PAGE 3 _______________________________ GLENN MARTIN, CHAIR ATTEST: _______________________________ PATRICK HOLUB, SECRETARY TO THE COMMISSION AS TO CONTENT: _______________________________ BILL ROBESON PUBLIC WORKS DIRECTOR/ ACTING COMMUNITY DEVELOPMENT DIRECTOR Item 7.b - Page 6 RESOLUTION NO. PAGE 4 EXHIBIT “A” CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 21-001 811 EAST CHERRY AVENUE This approval authorizes a lot line adjustment between the parcels located at 811 East Cherry Avenue. 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 Line Adjustment 21-001. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of June 1, 2021 and marked Exhibit “B”. 4. This approval shall automatically expire on June 1, 2023 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 following public improvements shall be required when the future lots are developed, consistent with the East Cherry Neighborhood Plan: a. The existing sewer main under E. Cherry Avenue shall be extended to the end of the subject property. The extension shall be sized to match the existing pipe. b. The existing home at the subject property shall abandon its septic system and connect to City sewer. c. The 8-inch water main under E. Cherry Avenue shall be extended to the end of the property and tied back into the 4-inch main. d. E Cherry shall be improved in accordance with the Engineering Standards for a local road and align curb, gutter, and sidewalk improvements completed for the development of Tract 2653. The paving shall begin where the asphalt paving ends at the time of future development and align with the eastern boundary of Parcel 1. 7. The applicant agrees to indemnify, defend, and hold harmless at his/her sole Item 7.b - Page 7 RESOLUTION NO. PAGE 5 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. 8. The applicant shall submit all information required by Municipal Code Section 16.20.140. 9. The applicant shall pay processing and plan check fees at the time they are due. 10. The applicant shall have a licensed land surveyor in the State of California prepare the Lot Line Adjustment on City-approved forms. 11. The Lot Line Adjustment is preferred to be finalized by recording a Lot Line Adjustment Map, and by subsequent deed transfers. 12. A current preliminary title report shall be submitted to the Community Development Department 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 assessments against the property. Item 7.b - Page 8 P.O. Box 82, Atascadero, CA 93422  1727 State Street, Suite 25, Santa Barbara, CA 93101  WWSurveying.com  (805) 681‐1615 WW Surveying, Inc  PARCEL 1  (EXISTING)  All that portion of Lots 32 and 33 located in the City of Arroyo Grande, County of San Luis Obispo, of the Re- Subdivision of a part of the Ranchos Corral De Piedra, Pismo and Bolea de Chemisal, recorded in Book A, at Page 63 of Maps in the offices of County Recorders of said County, State of California, Described as follows: BEGINNING at the most easterly corner of said Lot 32, thence along the northeasterly line of said Lot 32, North 32°14’06” West 297.41 feet to the most easterly corner of the property conveyed to Seth Underwood by deed dated February 7, 1893 and recorded in Book 19, at Page 74 of Deeds; Thence along the southeasterly line of the property so conveyed, South 57°22’04 West 145.94 feet to the northeasterly line of said Lot 33; Thence along said northeasterly line of Lot 33, South 32°17’38” West 15.00 feet; Thence South 57°22’04” West 145.94 feet to the southwesterly line of said Lot 33; Thence along the southwesterly line of said Lot 33, South 32°21’10” East 298.49 feet to the most southerly corner of said Lot 33, Thence along the southeasterly line of said Lot 32 and 33, North 56°59’54” East 291.29 feet to the POINT OF BEGINNING; Saving and Excepting therefrom a strip of land for a water ditch 3 feet wide extending from the northerly corner of the above described Tract South 32°14’06” East 297.41 feet to the most easterly corner of said Lot, as granted to Seth Underwood by deed dated February 7, 1893 and recorded in Book 18, at Page 74 of Deeds in the office of the County Recorder of Said County. The above described land contains 84,744 Square Feet or 1.995 Acres and is graphically shown on Exhibit “B” and made apart here of. _____________________________________ James G. Wenzel II P.L.S 9209 EXHIBIT B Item 7.b - Page 9 Item 7.b - Page 10    P.O. Box 82, Atascadero, CA 93422  1727 State Street, Suite 25, Santa Barbara, CA 93101  WWSurveying.com  (805) 681‐1615  WW Surveying, Inc  PARCEL 1  (PROPOSED)    All that portion of Lot 32 located in the City of Arroyo Grande, County of San Luis Obispo, of the Re- Subdivision of a part of the Ranchos Corral De Piedra, Pismo and Bolea de Chemisal, recorded in Book A, at Page 63 of Maps in the offices of County Recorders of said County, State of California, Described as follows: BEGINNING at the most easterly corner of said Lot 32, thence along the northeasterly line of said Lot 32, North 32°14’06” West 297.41 feet to the most easterly corner of the property conveyed to Seth Underwood by deed dated February 7, 1893 and recorded in Book 19, at Page 74 of Deeds; Thence along the southeasterly line of the property so conveyed, South 57°22’04 West 145.94 feet to the southwesterly line of said Lot 32; Thence along the southwesterly line of said Lot 32, South 32°17’38” East 298.35 feet to the southeasterly line of said Lot 32; Thence along the southeasterly line of said Lot 32, North 56°59’54” East 145.64 feet to the POINT OF BEGINNING; Saving and Excepting therefrom the northerly 3 feet of said Lot 32. The above described land contains 43,425 Square Feet or 0.997 Acres and is graphically shown on Exhibit “D” and made apart here of. _____________________________________ James G. Wenzel II P.L.S 9209 Item 7.b - Page 11 Item 7.b - Page 12    P.O. Box 82, Atascadero, CA 93422  1727 State Street, Suite 25, Santa Barbara, CA 93101  WWSurveying.com  (805) 681‐1615  WW Surveying, Inc  PARCEL 2  (EXISTING)    All that portion of Lot 33 located in the City of Arroyo Grande, County of San Luis Obispo, of the Re- Subdivision of a part of the Ranchos Corral De Piedra, Pismo and Bolea de Chemisal, recorded in Book A, at Page 63 of Maps in the offices of County Recorders of said County, State of California, described as follows: Commencing at the most southerly corner of said Lot 33, thence along the southwesterly line of said Lot 33, North 32°21’10” West 298.49 feet to the most westerly corner of land conveyed to Fred W. Clark, ET US., by Deed dated September 17, 1946 and recorded October 24, 1946, in Book 424 at Page 296 of Official Records, said point being the POINT OF BEGINNING; Thence along the northerly line of said Clark Land, North 57°03’24” East 145.96 feet to a point on the easterly boundary of said Lot 33; Thence along the easterly line of said Lot 33, South 32°17’38” East 15.00 feet; Thence South 57°22’04” West 145.94 feet to the southwesterly line of said Lot 33; Thence along said southwesterly line of said Lot 33, North 32°21’10” West 15.00 feet to the POINT OF BEGINNING; The above described land contains 2,189 Square Feet or 0.05 Acres and is graphically shown on Exhibit “C” and made apart here of. _____________________________________ James G. Wenzel II P.L.S 9209 Item 7.b - Page 13 Item 7.b - Page 14    P.O. Box 82, Atascadero, CA 93422  1727 State Street, Suite 25, Santa Barbara, CA 93101  WWSurveying.com  (805) 681‐1615  WW Surveying, Inc  PARCEL 2  (PROPOSED)    All that portion of Lot 33 located in the City of Arroyo Grande, County of San Luis Obispo, of the Re- Subdivision of a part of the Ranchos Corral De Piedra, Pismo and Bolea de Chemisal, recorded in Book A, at Page 63 of Maps in the offices of County Recorders of said County, State of California, Described as follows: BEGINNING at the most southerly corner of said Lot 33, thence along the southwesterly line of said Lot 33, North 32°21’10” West 298.49 feet to the most westerly corner of the land conveyed to Fred W. Clark, ET US., by Deed dated September 17, 1946 and recorded October 24, 1946, in Book 424 at Page 296 of Official Records; Thence along the northerly line of said Clark Land, North 57°03’24” East 145.96 feet to the northeasterly line of said Lot 33; Thence along the northeasterly line of said Lot 33, South 32°17’38” East 298.35 feet to the southeasterly line of said Lot 33; Thence along the southeasterly line of said Lot 33, South 56°59’54” West 145.65 feet to the POINT OF BEGINNING. The above described land contains 43,507 Square Feet or 0.998 Acres and is graphically shown on Exhibit “E” and made apart here of. _____________________________________ James G. Wenzel II P.L.S 9209 Item 7.b - Page 15 Item 7.b - Page 16 ATTACHMENT 2 E. Cherry Ave. Lierly Ln. Myrtle Dr. 811 E. Cherry Ave. Item 7.b - Page 17 P.O. Box 82, Atascadero, CA 93422  1727 State Street, Suite 25, Santa Barbara, CA 93101  WWSurveying.com  (805) 681‐1615 WW Surveying, Inc  PARCEL 1  (EXISTING)  All that portion of Lots 32 and 33 located in the City of Arroyo Grande, County of San Luis Obispo, of the Re- Subdivision of a part of the Ranchos Corral De Piedra, Pismo and Bolea de Chemisal, recorded in Book A, at Page 63 of Maps in the offices of County Recorders of said County, State of California, Described as follows: BEGINNING at the most easterly corner of said Lot 32, thence along the northeasterly line of said Lot 32, North 32°14’06” West 297.41 feet to the most easterly corner of the property conveyed to Seth Underwood by deed dated February 7, 1893 and recorded in Book 19, at Page 74 of Deeds; Thence along the southeasterly line of the property so conveyed, South 57°22’04 West 145.94 feet to the northeasterly line of said Lot 33; Thence along said northeasterly line of Lot 33, South 32°17’38” West 15.00 feet; Thence South 57°22’04” West 145.94 feet to the southwesterly line of said Lot 33; Thence along the southwesterly line of said Lot 33, South 32°21’10” East 298.49 feet to the most southerly corner of said Lot 33, Thence along the southeasterly line of said Lot 32 and 33, North 56°59’54” East 291.29 feet to the POINT OF BEGINNING; Saving and Excepting therefrom a strip of land for a water ditch 3 feet wide extending from the northerly corner of the above described Tract South 32°14’06” East 297.41 feet to the most easterly corner of said Lot, as granted to Seth Underwood by deed dated February 7, 1893 and recorded in Book 18, at Page 74 of Deeds in the office of the County Recorder of Said County. The above described land contains 84,744 Square Feet or 1.995 Acres and is graphically shown on Exhibit “B” and made apart here of. _____________________________________ James G. Wenzel II P.L.S 9209 ATTACHMENT 3 Item 7.b - Page 18 Item 7.b - Page 19    P.O. Box 82, Atascadero, CA 93422  1727 State Street, Suite 25, Santa Barbara, CA 93101  WWSurveying.com  (805) 681‐1615  WW Surveying, Inc  PARCEL 1  (PROPOSED)    All that portion of Lot 32 located in the City of Arroyo Grande, County of San Luis Obispo, of the Re- Subdivision of a part of the Ranchos Corral De Piedra, Pismo and Bolea de Chemisal, recorded in Book A, at Page 63 of Maps in the offices of County Recorders of said County, State of California, Described as follows: BEGINNING at the most easterly corner of said Lot 32, thence along the northeasterly line of said Lot 32, North 32°14’06” West 297.41 feet to the most easterly corner of the property conveyed to Seth Underwood by deed dated February 7, 1893 and recorded in Book 19, at Page 74 of Deeds; Thence along the southeasterly line of the property so conveyed, South 57°22’04 West 145.94 feet to the southwesterly line of said Lot 32; Thence along the southwesterly line of said Lot 32, South 32°17’38” East 298.35 feet to the southeasterly line of said Lot 32; Thence along the southeasterly line of said Lot 32, North 56°59’54” East 145.64 feet to the POINT OF BEGINNING; Saving and Excepting therefrom the northerly 3 feet of said Lot 32. The above described land contains 43,425 Square Feet or 0.997 Acres and is graphically shown on Exhibit “D” and made apart here of. _____________________________________ James G. Wenzel II P.L.S 9209 Item 7.b - Page 20 Item 7.b - Page 21    P.O. Box 82, Atascadero, CA 93422  1727 State Street, Suite 25, Santa Barbara, CA 93101  WWSurveying.com  (805) 681‐1615  WW Surveying, Inc  PARCEL 2  (EXISTING)    All that portion of Lot 33 located in the City of Arroyo Grande, County of San Luis Obispo, of the Re- Subdivision of a part of the Ranchos Corral De Piedra, Pismo and Bolea de Chemisal, recorded in Book A, at Page 63 of Maps in the offices of County Recorders of said County, State of California, described as follows: Commencing at the most southerly corner of said Lot 33, thence along the southwesterly line of said Lot 33, North 32°21’10” West 298.49 feet to the most westerly corner of land conveyed to Fred W. Clark, ET US., by Deed dated September 17, 1946 and recorded October 24, 1946, in Book 424 at Page 296 of Official Records, said point being the POINT OF BEGINNING; Thence along the northerly line of said Clark Land, North 57°03’24” East 145.96 feet to a point on the easterly boundary of said Lot 33; Thence along the easterly line of said Lot 33, South 32°17’38” East 15.00 feet; Thence South 57°22’04” West 145.94 feet to the southwesterly line of said Lot 33; Thence along said southwesterly line of said Lot 33, North 32°21’10” West 15.00 feet to the POINT OF BEGINNING; The above described land contains 2,189 Square Feet or 0.05 Acres and is graphically shown on Exhibit “C” and made apart here of. _____________________________________ James G. Wenzel II P.L.S 9209 Item 7.b - Page 22 Item 7.b - Page 23 P.O. Box 82, Atascadero, CA 93422  1727 State Street, Suite 25, Santa Barbara, CA 93101  WWSurveying.com  (805) 681‐1615 WW Surveying, Inc  PARCEL 2  (PROPOSED)  All that portion of Lot 33 located in the City of Arroyo Grande, County of San Luis Obispo, of the Re- Subdivision of a part of the Ranchos Corral De Piedra, Pismo and Bolea de Chemisal, recorded in Book A, at Page 63 of Maps in the offices of County Recorders of said County, State of California, Described as follows: BEGINNING at the most southerly corner of said Lot 33, thence along the southwesterly line of said Lot 33, North 32°21’10” West 298.49 feet to the most westerly corner of the land conveyed to Fred W. Clark, ET US., by Deed dated September 17, 1946 and recorded October 24, 1946, in Book 424 at Page 296 of Official Records; Thence along the northerly line of said Clark Land, North 57°03’24” East 145.96 feet to the northeasterly line of said Lot 33; Thence along the northeasterly line of said Lot 33, South 32°17’38” East 298.35 feet to the southeasterly line of said Lot 33; Thence along the southeasterly line of said Lot 33, South 56°59’54” West 145.65 feet to the POINT OF BEGINNING. The above described land contains 43,507 Square Feet or 0.998 Acres and is graphically shown on Exhibit “E” and made apart here of. _____________________________________ James G. Wenzel II P.L.S 9209 Item 7.b - Page 24 Item 7.b - Page 25