TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR

Transcription

1 gmc MEMORANDUM TO: FROM: BY: PLANNING COMMISSION TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR SAM ANDERSON, PLANNING TECHNICIAN SUBJECT: CONSIDERATION OF LOT LINE ADJUSTMENT ; LOCATION 570 LEMON LANE, 212 GULARTE ROAD, AND 560A OAK HILL ROAD; APPLICANT RON LINDSTAED; REPRESENTATIVE LEAHA MAGEE, MBS LAND SURVEYS DATE: MAY 16, 2017 RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Lot Line Adjustment No IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. BACKGROUND: Location 570 Lemon Lane 560A Oak Hill Road 212 Gularte Road

2 PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT MAY 16, 2017 PAGE 2 The project site is located between Pearwood Avenue and Gularte Road and is zoned Residential Hillside (RH) (Attachment 1). Single family homes currently occupy all three lots. The applicant is requesting the lot line adjustment in order to gain additional land to expand the rear yard and create a more usable front yard space. Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the proposed project on April 12, Members of the SAC discussed items related to the project, including the steepness of the new 560A Oak Hill Road. Overall, members of the SAC were in support of the project. ANALYSIS OF ISSUES: Lot Line Adjustment The proposed lot line adjustment will adjust the west property line of 560A Oak Hill westward towards 212 Gularte Road by approximately 95, eliminate the eastern property line, and extend the northern property line across the width of 570 Lemon Lane. 212 Gularte Road was recently adjusted by LLA (Attachment 2). The existing parcels are as follows: Table 1. Existing Parcel Sizes Parcel Number Lot Area Lot Width Lot Depth Zoning 560A Oak Hill Road 9,711 sq. ft. ~100 ~97.11 RH 212 Gularte 79,993 sq. ft. ~ ~ RH Road (in accordance with 570 Lemon Lane LLA ) 135,129 sq. ft. ~ ~375 RH The parcels resulting from the proposed lot line adjustment are as follows: Table 2. Proposed Parcel Sizes Parcel Number Lot Area Lot Width Lot Depth Zoning Average Slope 560A Oak 70,884 sq. ft. ~358 ~198 RH 18.9% Hill Road 212 Gularte 69,225 sq. ft. ~195 ~355 RH 19.6% Road 570 Lemon sq. ft. ~279 ~311 RH 24.7% Lane 560A Oak Hill Road does not currently meet the minimum lot size of 49,000 sq. ft. as required in the RH zoning district. The lot line adjustment will bring the lot into

3 PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT MAY 16, 2017 PAGE 3 conformance with the minimum lot size standards. 212 Gularte Road and 570 Lemon Lane will continue to meet all applicable Development Code requirements. Access No changes to access are proposed nor will any changes to access be required. ALTERNATIVES: The following alternatives are provided for the Planning Commission s consideration: Adopt the attached Resolution approving Lot Line Adjustment ; Modify and adopt the attached Resolution approving Lot Line Adjustment ; Do not adopt the attached Resolution, provide specific findings and direct staff to return with a Resolution denying the project; or Provide direction to staff. ADVANTAGES: The proposed project will bring a non-conforming lot into conformance with Development Code standards. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: The project was reviewed in accordance with the California Environmental Quality Act (CEQA) and determined to be 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 Table 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 No comments have been received. ATTACHMENTS 1. Site Map 2. Planning Commission Resolution

4 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT NO ; LOCATED AT 570 LEMON LANE, 212 GULARTE ROAD, AND 560A OAK HILL ROAD; APPLIED FOR BY RON LINDSTAED WHEREAS, the applicant has filed Lot Line Adjustment to modify interior property lines between 570 Lemon Lane, 212 Gularte Road, and 560A Oak Hill Road; and WHEREAS, The Arroyo Grande Municipal Code sets forth standards for Lot Line Adjustments, including prohibitions on Serial Lot Line Adjustments; and WHEREAS, The proposed Lot Line Adjustment meets the standards identified in the Municipal Code and will not result in a Serial Lot Line Adjustment; 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 15305(a) of the CEQA Guidelines regarding minor lot line adjustments not resulting in the creation of any new parcel; and WHEREAS, the Planning Commission has reviewed and considered the project at its meeting on May 16, 2017; and WHEREAS, the Planning Commission finds, after due study and deliberation, the proposed lot line adjustment does not: 1. Create any new lots; The proposed lot line adjustment will adjust interior lot lines and will not create any new lots. 2. Include any lots or parcels created illegally; All lots associated with Lot Line Adjustment were legally created and therefore the project will not include any lots created illegally. 3. Impair any existing access or create a need for access to any adjacent lots or parcels; All three properties currently are, and will continue to be, accessed from Gularte Road, therefore not creating a need for any new access to adjacent lots or parcels.

5 RESOLUTION NO. PAGE 2 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; The proposed lot line adjustment does not impair existing easements or create a need for any new easements serving adjacent lots. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards; The proposed lot line adjustment will not constitute poor land planning or undesirable lot configuration as the resulting lots will conform to all applicable development standards, including lot width, depth, and slope. 6. Require substantial alteration of any existing improvements or create a need for any new improvements; The proposed lot line adjustment does not require the alteration of any existing improvements nor create a need for any new improvements because no access or utility easements will be impaired. 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Municipal Code Section The lots resulting from the proposed lot line adjustment will meet all applicable development standards for the Residential Hillside zoning district. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment , as presented to the Planning Commission on May 2, 2017 and as shown 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 16 th day of May, 2017.

6 RESOLUTION NO. PAGE 3 GLENN MARTIN, CHAIR ATTEST: DEBBIE WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: TERESA MCCLISH COMMUNITY DEVELOPMENT DIRECTOR

7 RESOLUTION NO. PAGE 4 EXHIBIT A CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT LEMON LANE, 212 GULARTE ROAD, AND 560A OAK HILL ROAD This approval authorizes the adjustment of interior lot lines between parcels. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 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 No The project shall substantially conform to the plans on file in the Community Development Department, dated March 22, The applicant shall agree 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 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. ENGINEERING DIVISION 5. The applicant shall submit all information required by Municipal Code Section The applicant shall pay processing and plan check fees at the time they are due. 7. The applicant shall have a licensed land surveyor in the State of California prepare the final documents. 8. The applicant shall complete the lot line adjustment via map to the satisfaction of the City Engineer. 9. A current (within the last six (6) months) preliminary title report shall be submitted to the Community Development Director prior to checking the final documents.

8 RESOLUTION NO. PAGE 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.

9 RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT NO ; LOCATED AT 217 PEARWOOD AVENUE AND 212 GULARTE ROAD; APPLIED FOR BY JENNIFER BOBELL WHEREAS, the applicant has filed Lot Line Adjustment to modify interior property lines between 217 Pearwood Avenue and 212 Gularte Road; 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 15305(a) of the CEQA Guidelines regarding minor lot line adjustments not resulting in the creation of any new parcel; and WHEREAS, the Planning Commission has reviewed and considered the project at its meeting on March 21, 2017; and WHEREAS, the Planning Commission finds, after due study and deliberation, the proposed lot line adjustment does not: 1. Create any new lots; The proposed lot line adjustment will adjust interior lot lines and will not create any new lots. 2. Include any lots or parcels created illegally; All lots associated with Lot Line Adjustment were legally created and therefore the project will not include any lots created illegally. 3. Impair any existing access or create a need for access to any adjacent lots or parcels; Access to 217 Pearwood exists through a recorded Access Easement that will also provide access to the proposed secondary dwelling unit and 212 Gularte Road is accessed from Gularte Road, therefore not creating a need for any new access to adjacent lots or parcels. 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; The proposed lot line adjustment does not impair existing easements or create a need for any new easements serving adjacent lots.

10 RESOLUTION NO PAGE 2 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards; The proposed lot line adjustment will not constitute poor land planning or undesirable lot configuration as the resulting lots will conform to all applicable development standards, including lot width and depth, besides minimum lot size for 217 Pearwood, which will be brought closer to conformance. 6. Require substantial alteration of any existing improvements or create a need for any new improvements; The proposed lot line adjustment does not require the alteration of any existing improvements nor create a need for any new improvements because no access or utility easements will be impaired. 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Municipal Code Section The lots resulting from the proposed lot line adjustment will meet all applicable development standards for the Residential Hillside zoning district, besides minimum lot size for 217 Pearwood, which will be brought closer to conformance with Municipal Code standards. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment , as presented to the Planning Commission on March 21, 2017 and as shown 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 Mack, seconded by Commissioner Schiro, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Mack, Schiro, Fowler-Payne, Martin, George None None The foregoing Resolution was adopted this 21 st day of March, 2017.

11 RESOLUTION NO PAGE 3 LAN GEORGE, CHAIR ATTEST: DEBBIE WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: TERESA MCCLISH COMMUNITY DEVELOPMENT DIRECTOR

12 RESOLUTION NO PAGE 4 EXHIBIT A CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT PEARWOOD AVENUE AND 212 GULARTE ROAD This approval authorizes the adjustment of interior lot lines between parcels. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 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 No The project shall substantially conform to the plans on file in the Community Development Department, dated February 8, The applicant shall agree 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 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. ENGINEERING DIVISION 5. The applicant shall submit all information required by Municipal Code Section The applicant shall pay processing and plan check fees at the time they are due. 7. The applicant shall have a licensed land surveyor in the State of California prepare the final documents. 8. The applicant shall complete the lot merger and lot line adjustment via map to the satisfaction of the City Engineer. 9. A current (within the last six (6) months) preliminary title report shall be submitted to the Community Development Director prior to checking the final documents. 10. 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.

13 Exhibit B