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2021-10-19_7b 379 Corbett Canyon LLAMEMORANDUM MEMORAND TO: PLANNING COMMISSION FROM ANDREW PEREZ, ASS OCIATE PLANNER SUBJECT: CONSIDERATION OF LOT LINE ADJUSTMENT NO. 21-002; LOCATION – 379 CORBETT CANYON ROAD; APPLICANT – JOSEPH WAIS; REPRESENTATIVE – LEONARD LENGER D ATE: OCTOBER 19, 2021 SUMMARY OF ACTION: Approval of the Lot Line Adjustment will relocate existing property lines between three (3) parcels on Corbett Canyon Road resulting in the elimination of one parcel. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Lot Line Adjustment No. 21-002 (Attachment 1). BACKGROUND: The subject parcels are located on Corbett Canyon Road and are zoned Residential Hillside (RH). The subject property is comprised of property that was originally Lots A and C of Harris’ Resurvey of a part of the Ranchos Corral De Piedra, Pismo and Bolsa de Chamisal subdivision. The lot line adjustment involves three (3) separate parcels under one (1) assessor’s parcel number (Attachment 2). The applicant is requesting a Lot Line Adjustment to relocate a property line that currently bisects a residence to correct a nonconformity. The project would also eliminate a nonconforming parcel. Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the proposed project and was supportive of the lot line adjustment. The Committee recommended approval to the Planning Commission subject to the conditions contained in the prepared Resolution. ANALYSIS OF ISSUES: Project Description: The proposed Lot Line Adjustment will adjust the lot lines between three (3) parcels with areas of 87,416 square feet, 61,382 square feet, and 15,808 square Item 7.b - Page 1 PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT NO. 21-002 OCTOBER 19, 2021 PAGE 2 feet, resulting in modification of parcel shapes, width, depth, and parcel areas (Attachment 3). The existing parcel dimensions are as follows: Table 1. Existing Parcel Sizes Parcel Number Lot Area Lot Width Lot Depth Zoning Parcel 1 87,416 sq. ft. 248’ 358.5’’ RH Parcel 2 61,382 sq. ft. 464’ 365’ RH Parcel 3 15,808 sq. ft. 395 40’ RH Currently, Parcels 1 and 2 meet all of the requirements for parcels in the RH zone, whereas Parcel 3 is legally nonconforming and only meets the minimum width requirement. The Lot Line Adjustment proposes to eliminate Parcel 3 to increase the depth of Parcel B to satisfy the minimum depth standards for lot the Residential Hillside zone. 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 Lot Width Lot Depth Zoning Parcel A 72,745 sq. ft. 238’ 208’ RH Parcel B 92,347 sq. ft. 262’ 235’ RH An approval of the lot line adjustment would result in two conforming parcels, Parcels A and B, and eliminate an existing nonconforming parcel, Parcel 3. A visual representation of the proposal is included as Attachment 3. Access The lot line adjustment has been conditioned to provide an access and public utility easement to Parcel A over Parcel B from Corbett Canyon Road. Currently, Parcel 2 does not have legal access over Parcel 3, therefore this project also rectifies an outstanding access issue. 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; Item 7.b - Page 2 PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT NO. 21-002 OCTOBER 19, 2021 PAGE 3 • 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. ALTERNATIVES: The following alternatives are provided for the Commission’s consideration: 1. Adopt the attached Resolution approving Lot Line Adjustment No. 21-002; 2. Modify and adopt the attached Resolution approving Lot Line Adjustment No. 21-002; 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. 21-002; or 4. Provide direction to staff. ADVANTAGES: The lot line adjustment would resolve two (2) nonconforming situations by adjusting a property line that currently bisects an existing structure and eliminating a nonconforming parcel. The project also provides legal access to a parcel where it previously did not exist. 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. Existing Lot Configuration 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. 21-002; LOCATED AT 379 CORBETT CANYON ROAD; APPLIED FOR BY JOSEPH WAIS WHEREAS, the applicant has filed Lot Line Adjustment No. 21-002 to adjust lot lines between the three (3) parcels located at 379 Corbett Canyon Road, resulting in two conforming parcels and the elimination of one nonconforming parcel; 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 October 19, 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. 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. 21-002 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 19th day of October, 2021. Item 7.b - Page 5 RESOLUTION NO. PAGE 3 _______________________________ GLENN MARTIN, CHAIR ATTEST: _______________________________ PATRICK HOLUB, SECRETARY TO THE COMMISSION AS TO CONTENT: _______________________________ BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR Item 7.b - Page 6 RESOLUTION NO. PAGE 4 EXHIBIT “A” CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 21-002 379 CORBETT CANYON ROAD This approval authorizes a lot line adjustment between the parcels located at 379 Corbett Canyon Road (APN 007-791-011). 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 21-002. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of October 19, 2021 and marked Exhibit “B”. 4. This approval shall automatically expire on October 19, 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 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. 7. The applicant shall submit all information required by Municipal Code Section 16.20.140. 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 Item 7.b - Page 7 RESOLUTION NO. PAGE 5 prepare the Lot Line Adjustment on City-approved forms. 10. The Lot Line Adjustment is preferred to be finalized by recording a Lot Line Adjustment Map, and by subsequent deed transfers. 11. A current preliminary title report shall be submitted to the Community Development Department prior to checking the final documents. 12. 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 EXHIBIT B THIS IS AN ADJUSTMENT OF THREE PARCELS INTO TJl'/0 NEJl'I PARCELS IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, CALIFORNIA. OJAJner,-_.Joe 4 Cherie Jl'lais 37q Corbett Canyon Rd. Arroyo Grande, CA. Cf3420 Phone (805) 70Cf-4478 Existing Deed Ref. Parcel I 8714/6 SP Parcel 2 61,382 SP Parcel S 15,808 SP Proposed Parcels Parcel A 1.67 Acres Parcel B 2./2 Acres \ \ APN 007-7<:fl-OII 37Gf Corbett canyon Road Map area Prepared by,-Leonard Lenger, LS 38 77 1203 Carpenter Canyan Rd. Arroyo Grande, CA. q3420 Phone (805) 48Cf-l l27 Vic in it!:d Map no sc.a/e Item 7.b - Page 9 Item 7.b - Page 10 LOT LINE ADJUSTMENT, 379 Corbett Canyon Road Those portions of Lots A, 8 and C of the Subdivisions of Lot 1, Harris' Resurvey of part of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal according to map filed for record January 29,1889, in Book A, at Page 86 of Maps, in the office of the San Luis Obispo County Recorder described as follows: Parcel A Commencing at the most easterly corner af the 4.636 acre parcel denoted on a Record of Survey filed in Licensed Survey Book 12 at page 114 in the San Luis Obispo County, California, Recorders Office. Thence along the boundary of said parcel, N51 °15'W,116.34 feet to the True Point of Beginning; Thence leaving said boundary, S52°16'04"W, 295.82 feet, and N90°20'30"W, 214.06 feet to the Westerly boundary of said parcel; Thence along said parcel, N35°27'E,122.93 feet, and N28°E 58.79 feet to to the Southerly corner of the Certificate of Compliance recorded as Document No. 2007029372 of Official Records in said County the following courses along last said document; S64°13'30"E,100.00 feet, and N26°49'04"E, 100.00 feet to the South Easterly corner of the Certificate of Compliance recorded as Document No. 2009010513 of Official Records in said County, N26°49'04''E, 237.97 fee to intersect the line between lot corners "81" and "82" noted on said Record of Survey; 400.22 feet, more or less, from lot corner 82; Thence along last said line S66°E, 32,81 feet more or less, to a point that bears N66°W, 367.44 feet from lot corner 82; thence Southerly, 223.46 feet to a point which bears N51 °15'W, 203.16 feet from the point of beginning; Thence S51 °15'E, 203.16 feet to the True Point of Beginning and containing 1.67 acres more of less. Together with an easement for ingress, egress and Public Utilities over the Southeasterly 20 feet of Parcel 8 herein described and denoted on the attached ExhibitA. ?/,¢/a, Leonard Lenger, LS 3877 ````?;,)`,?.`\.` -,~',`:::,,,;.;.--:,,,i;;":;8# Item 7.b - Page 11 LOT LINE ADJUSTMENT, 379 Corbett Canyon Road Those portions of Lots A and 8 of the Subdivisions of Lot 1, Harris' Resurvey of part of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal according to map filed for record January 29,1889, in BookA, at Page 86 of Maps, in the office of the San Luis Obispo County Recorder described as follows: Parcel a Beginning at the most Easterly corner of that portion of Lot A of the J.M.Felts and C.C. Houx. Subdivision filed in Map BookA at Page 86, in the Office of the San Luis Obispo County Recorder, State of California. Said point is denoted as being marked with a % inch iron pipe set on the westerly line of an abandoned County Road where it intersects the southerly line of a 4.636 acre parcel denoted on a Record of Survey filed in Licensed Survey Book 12 at page 114 in said County Recorders Office. Thence the following courses and distances along the boundary of said Record of Survey; S51 °15'E, 40.00 feet and, N38°45'E, 395.21 feet to a % inch iron pipe and N51 °15'W,116.84 feet; Thence leaving said boundary, S52°16'04"W, 295.82 feet, and N90°20'30''W, 214.06 feet to the Westerly boundary of last said parcel; Thence the following courses and distances along said boundary; S35°27'W,130.00 feet and, S60°20'30''E, 354.39 feet to the point of beginning and containing 2.12 acres more or less. Excepting there from an easement for ingress, egress and Public Utilities over the Southeasterly 20 feet for Parcel A herein described and denoted on the attached Exhibit A. q / ,G /z, Leonard Lenger, LS 3877 "``iiig;;;€;;iza--i: 3877 .:-i_s Item 7.b - Page 12 EXISTING CONDITIONS ATTACHMENT 2 Item 7.b - Page 13 PROPOSED LOT LINES I I I I I I ATTACHMENT 3 Item 7.b - Page 14