09a Amending Municipal Code Regarding Lot Line AdjMEMORANDUM
TO: CITY COUNCIL
FROM: +u TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: JON ANSOLEBEHERE, ASSISTANT TO THE CITY ATTORNEY
SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 12-001-
AN ORDINANCE AMENDING SECTION 16.20.140 OF THE
MUNICIPAL CODE ESTABI-ISHING A MANDATORY TIME
INTERVAL BETWEEN LOT LINE ADJUSTMENTS
DATE: JANUARY 24,2012
RECOMMENDATION:
It is recommended that the City Council introduce an Ordinance amending Section
16.20.140 of the Arroyo Grande Municipal Code regarding serial lot line adjustments.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:.
No financial impact is projected.
BACKGROUND:
Government Code Section 66412(d) exempts lot line adjustments from the
requirements of the Subdivision Map Act ("SMA). In 2001, the California legislature
amended Section 66412(d) from "A lot line adjustment between two or more existing
adjacent parcels ..." to "A lot line adjustment between four or fewer adjoining
parcels.. ." The former language of Section 6641 2(d) allowed any number of lots to be
adjusted and remain exempt from the SMA, whereas the current language places a
four lot cap, thus evidencing an intent to limit the use of lot line adjustments.
However, this language has given rise to a process commonly referred to as "serial
lot line adjustments" whereby consecutive lot line adjustment applications are filed by
the same property owner to adjust a total of more than four adjacent lots. Although
the City of Arroyo Grande ("City") can deny a serial lot line adjustment application
which seeks to adjust more than four adjoining lots, staff believes that it is more
beneficial to address the issue through direct regulation.
The Planning Commission considered the proposed Ordinance on January 17, 201 1
and recommended approval.
Agenda Item 9.a.Page 1
CITY COLlNClL
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 12-001 - AN
ORDINANCE AMENDING SECTION 16.20.140 OF THE MUNICIPAL CODE
ESTABLISHING A MANDATORY TIME INTERVAL BETWEEN LOT LINE
ADJUSTMENTS
JANUARY 24,201 2
PAGE 2
ANALYSIS OF ISSUES:
Government Code Section 66412(d) limits a public agency's ability to review and
approve a lot line adjustment application "to a determination of whether or not the
parcels resulting from the lot line adjustment will conform to the local general plan,
and any applicable specific plan ... and zoning and building ordinances ..." (i.e.
minimum lot sizes, setback requirements, etc.). No environmental impact analysis,
dedications, impact fees, public improvements or other conditions may be imposed
on the approval of a lot line adjustment. From a land use perspective, serial lot line
adjustments have a significant impact on the City's ability to regulate orderly
development, and more importantly, to mitigate the impacts of such development.
The sequential adjustment of more than four adjacent lots acts as a de facto
subdivision of the affected property. As a result, areas may be developed without the
ability for the City to impose necessary conditions of approval to protect the public
health safety and welfare as required under the SMA for orderly development of the
property. Even basic safety related improvements, such as curbs, gutters and
sidewalks, cannot be required in approving lot line adjustments.
Under its general police power, the City may regulate serial lot line adjustments in
order to protect the health, safety and welfare of the community, provided such
regulation is not in conflict with applicable law. The attached proposed Ordinance
mimics Santa Clara County's approach in regulating serial lot line adjustments.
Specifically, the proposed Ordinance adds Section 16.20.140.E to the Arroyo Grande
Municipal Code, which prohibits lot line adjustments of more than four adjoining lots
within a five year period by anyone under common ownership or control of such lots.
ALTERNATIVES:
The following alternatives are provided for the City Council's consideration:
1. Approve staffs recommendations;
2. Modify to include a different time interval between allowed lot line adjustment
applications, and introduce the Ordinance;
3. Recommend no changes be made to existing regulations regarding lot line
adjustments; or
4. Provide direction to staff.
ADVANTAGES:
The proposed Ordinance will provide direct regulation preventing property owners
from "subdividing" their property through serial lot line adjustment applications without
properly mitigating the impacts of such development. Based on staffs research, the
proposed ordinance provides the most simple and direct approach to addressing this
issue.
Agenda Item 9.a.Page 2
CITYCOUNCIL
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 12-001 - AN
ORDINANCE AMENDING SECTION 16.20.140 OF THE MUNICIPAL CODE
ESTABLISHING A MANDATORY TIME INTERVAL BETWEEN LOT LINE
ADJUSTMENTS
JANUARY 24,201 2
PAGE 3
DISADVANTAGES:
'There are no disadvantages identified.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA) Guidelines, staff
has deterrrrined that the Ordinance is exempt per Sections 15061 (b)(3) and 15308 of
the Guidelines.
PUBLIC NOTIFICATION AND COMMENTS:
A 118 page public hearing notice was published in The Tribune on Friday, January
13, 2012, pursuant to State law. The Agenda was posted in front of City Hall on
Thursday, January 19, 2012. The Agenda and report were posted on the City's
website on Friday, January 20, 2012. No public comments were received.
Agenda Item 9.a.Page 3
ORDINANCE NO.
AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF
ARROYO GMNDE AMENDING SECTION 16.20.140 OF THE
ARROYO GMNDE MUNICIPAL CODE REGARDING LOT LINE
ADJUSTMENTS
WHEREAS, Government Code Section 66412(d) exempts a lot line adjustment between "four or
fewer existing adjoining parcelsn from the requirements of the Subdivision Map Act ("SMA"); and
WHEREAS, the City Council of the City of Arroyo Grande ("City") recognizes that in 2001, the
California legislature amended Government Code Section 6641 2(d) from "two or moren parcels
to "four or fewer" thus evidencing an intent to limit lot line adjustments; and
WHEREAS, the City Council finds that inconsistencies and ambiguities exist in the language of
Government Code Section 66412(d) in relation to the other provisions of the SMA which require
the filing of a tract map for any subdivision of five (5) or more parcels; and
WHEREAS, the City Council further finds that "serialn lot line adjustments on adjacent parcels
are a de facto subdivision of five (5) or more parcels thus fallirlg within the requirements of the
SMA and Section 16.20.060 of the City's Municipal Code; and
WHEREAS, the City Council further finds that the health, safety and welfare of the community
require regulation of a sequence of separate or "serial" lot line adjustments involving more than
four (4) adjoining parcels in a manner which is consistent with the SMA.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as
follows:
SECTION 1. Subsection 16.20.140.A of the Arroyo Grande Municipal Code is hereby
amended as follows:
A. Applicability. Subiect to subsection 16.20.140.E, any affected property owner desiring a
lot line adjustment between four or fewer existing adjoining parcels, where the land taken
from one parcel is added to an adjacent parcel, and where the number of parcels remains
the same or is reduced and improves an existing situation, shall file an application for a lot
line adjustment with the community development department.
SEC'I'ION 2. Subsection 16.20.1 40.E is hereby added to the Arroyo Grande Municipal Code as
follows:
E. This section is intended to prevent serial lot line adjustment applications of more than four
(4) adiacent lots.
1, The total number of lots involved in any ~roposed lot line adiustment plus all lots
that have been adiusted within the five (51 vears precedina the proposed lot line
adjustment application that are under common ownership or control and that adioin anv
of the lots involved in the proposed lot line adjustment mav not exceed four (41 lots.
Agenda Item 9.a.Page 4
ORDINANCE NO.
PAGE 2
2, No lot that has previouslv been adiusted mav be part of a subsequent lot line
adiustment if it would result in more than four (4) adioininq lots beinq adiusted within a five
15) vear time period.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect
the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby
declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or
clause thereof, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, or clause be declared unconstitutional.
SECTION 4. A summary of this Ordinance shall be published in a newspaper published and
circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meetirlg at
which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed
Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption
of the Ordinance, the summary with the names of those City Council Members voting for and
against the Ordinance shall be published again, and the City Clerk shall post a certified copy of
the full text of such adopted Ordinance.
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.
On motion of Council Member , seconded by Council Member , and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinancewas adopted this day of ,2012.
Agenda Item 9.a.Page 5
ORDINANCE NO.
PAGE 3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
'I'IMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 9.a.Page 6