MEMORANDUM. TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR

Transcription

1 MEMORAND MEMORANDUM TO: FROM: BY: PLANNING COMMISSION TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR MATTHEW DOWNING, PLANNING MANAGER SUBJECT: CONSIDERATION OF LOT LINE ADJUSTMENT NO ; LOCATION 747 PRINTZ ROAD; APPLICANT BILLY KILMER; REPRESENTATIVE JEFF ZAMBO DATE: JULY 17, 2018 SUMMARY OF ACTION: Approval of the Lot Line Adjustment will relocate existing property lines so that the developable parcels are closer to Printz Road, making the resulting parcels more easily developed and reducing potential hillside development on the southernmost portion of the property. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Lot Line Adjustment No BACKGROUND: The subject properties are located on Printz Road, in a portion of the neighborhood that is located in the City Limits (Attachment 1). The properties were created as part of the Parcel Map No. AG , recorded in 1987 (Attachment 2). The parcels have remained in a single ownership since the subdivision. The current property owner recently purchased all three (3) lots and is processing the subject application. Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the proposed project in April, Members of the SAC were in support of the project, including the new access easements and parcel layouts.

2 PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT NO JULY 17, 2018 PAGE 2 ANALYSIS OF ISSUES: Project Description: The proposed lot line adjustment will adjust the interior lot lines of three (3) parcels, resulting in modification of parcel shapes, width, depth, and parcel areas. The existing parcel dimensions are as follows: Table 1. Existing Parcel Sizes Parcel Number Lot Area Lot Width Lot Depth Zoning Parcel 1 98,010 sq. ft RE Parcel 2 148,975 sq. ft RE Parcel 3 103,672 sq. ft ,305 RE Currently, all three lots conform to development standards for the RE district Parcels 2 and 3 are flag lots and have direct access to Printz Road. Existing access easements crossing Parcels 2 and 3 ensure access to all three parcels, as there is an existing street tree and public utilities easement preventing Parcel 1 from taking access directly off Printz Road. The existing residence on Parcel 2 complies with the Development Code for the RE district, including setbacks and lot coverage. Parcels 1 and 3 are currently vacant. Parcel 3 is highly sloped, rendering development infeasible in its current configuration. 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 Parcel 1 94,350 sq. ft RE Parcel 2 92,500 sq. ft RE Parcel 3 163,588 sq. ft RE The proposed parcels meet requirements of the Development Code for their zoning districts, including lot area, lot width, and lot depth (Attachment 2). The proposed lot line adjustment results in the existing residence being located on Parcel 3. The structure would be located approximately 4.3 feet from the new front lot line, rendering the existing structure nonconforming, as the required front setback is fifty feet (50 ) in the RE district. However, the applicant intends to demolish the existing residence and has agreed to temporary 50-foot No-Build easements on both sides of the lot line that divides proposed Parcels 2 and 3. The easements ensure that no new structures are constructed within fifty feet (50 ) of the existing residence, and that any new construction on either parcel is located at least one hundred feet (100 ) from new construction on the adjacent parcel. This provides a creative solution to allow

3 PLANNING COMMISSION CONSIDERATION OF LOT LINE ADJUSTMENT NO JULY 17, 2018 PAGE 3 both parcels to be developed while maintaining the rural character of the RE district. Proposed Parcels 2 and 3 would no longer have direct access to Printz Road, however 25-foot-wide (25 ) access easements on Parcels 1 and 2 would provide access for Parcels 2 and 3, respectively. This width has been reviewed and supported by the Five Cities Fire Authority. ALTERNATIVES: The following alternatives are provided for the Commission s consideration: 1. Adopt the attached Resolution approving Lot Line Adjustment No ; 2. Modify and adopt the attached Resolution approving Lot Line Adjustment No ; 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 ; or 4. Provide direction to staff. ADVANTAGES: Granting the requested lot line adjustment will create three parcels that can be reasonably developed while protecting the sensitive hillside and rural character of the RE district. DISADVANTAGES: Granting the requested lot line adjustment will cause the existing residential structure to become nonconforming with the development standards of the RE district. However, the applicant has proposed a creative solution of temporary no build easements to ensure the nonconformity is not exacerbated until the existing home is demolished and brought up to current standards. ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and deemed categorically exempt per Section (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 (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 ATTACHMENTS: 1. Project vicinity map 2. AG Proposed Lot Line Adjustment

4 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT NO ; LOCATED AT 747 PRINTZ ROAD; APPLIED FOR BY BILLY KILMER WHEREAS, the subject properties were created by the recordation of Parcel Map AG ; and WHEREAS, the parcels have been owned by a single property owner at a time since their creation; and WHEREAS, the applicant has filed Lot Line Adjustment No to adjust lot lines between the three (3) parcels, maintaining a total of three (3) parcels; and WHEREAS, Municipal Code Table (B) requires that lot line adjustments be reviewed by the Planning Commission; and WHEREAS, the Planning Commission reviewed the project at its meeting on July 17, 2018; 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

5 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 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 17 th day of July, 2018.

6 RESOLUTION NO. PAGE 3 GLENN MARTIN, CHAIR ATTEST: MATTHEW DOWNING, 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 PRINTZ ROAD This approval authorizes a lot line adjustment between portions the parcels located at 747 Printz Road (APNs , -051, and -052). 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 Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of July 17, 2018 and marked Exhibit B. 4. This approval shall automatically expire on July 17, 2020 unless the lot line adjustment is recorded or an extension is granted pursuant to Section 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. ENGINEERING DIVISION CONDITIONS: 7. 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.

8 RESOLUTION NO. PAGE 5 9. The applicant shall have a licensed land surveyor in the State of California 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. Prior to Recordation of the Lot Line Adjustment, the applicants shall fully execute the Temporary No-Build Easement Agreement or similar document to the satisfaction of the City Attorney, and provide proof of recordation with the County of San Luis Obispo to the Community Development Director. 12. A current (within the last six (6) months) 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.

9 EXHIBIT "B" LOT LINE ADJUSTMENT NO. EXHIBIT "B" RECEfVED MAY LEGAL DESCRIPTION; THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CAUFORNIA, DESCRIBED AS FOLLOWS: PARCELS 1, 2 AND 3 OF PARCEL MAP AG , IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JUNE 2, 1987 IN BOOK 41, PAGE 62 OF PARCEL MAPS. ALL SAID DOCUMENTS ARE OFFICIAL RECORDS IN THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORDER. BASIS Of BEARING; ALL BEARINGS AND DISTANCES SHOWN HEREON ARE RECORD OR CALCULATED FROM RECORD INFORMATION PER PARCEL MAP i!g RECORDED JUNE 2, 1987 IN BOOK 41 OF MAPS AT PAGE 62 IN TH COUNTY OF SAN LUIS OBISPO RECORDERS OFFICE. COMMUNITY DEVELOPMENT OF ARROYO GRANDE 1. ASSESSOR'S PARCEL NUMBERS: , , ADDRESS: 747 PRINTZ ROAD, ARROYO GRANDE, CA SEWER: PRIVATE/SEPTIC 4. WATER: PRIVATE/WELL 5. POWER: PACIFIC GAS AND ELECTRIC CO. 6. GAS: PRIVATE/PROPANE 7. CABLE BRIGHTHOUSE NETWORKS 8. TELEPHONE: AT&T 9. TOTAL AREA: 8.04 ACRES (GROSS) EXISTING LAND USE. RESIDENTL EXISTING ZONING: RESIDENT/AL EXISTING GENERAL: RESIDENTIAL OWNERS; BILLY KILMER, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO PARCELS 1 AND 3; AND BILLY KILMER AND AMY KNUPP KILMER, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, AS TO PARCEL ROBIN CIRCLE, ARROYO GRANDE, CA LAND SURVEYOR; DIVERSIFIED PROJECT SERVICES INTERNATIONAL 1998 SANTA BARBARA AV SUITE 120 SAN LUIS OBISPO, CA (805} CONTACT: JEFFREY ZAMBO jzamboodpsiinc.com DPS/ JOB/ VICINITY MAP NO SCALE THIS PLAT IS f'or ILLUSTRATIVE PURPOSES ONLY- SHEET 1 Of' 5

10

11

12

13

14

15

16

17

18

19

20 Subject Properties ATTACHMENT 1

21 ATTACHMENT 2

22

23 EXHIBIT "B" LOT LINE ADJUSTMENT NO. ATTACHMENT 3 RECEfVED MAY LEGAL DESCRIPTION; THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CAUFORNIA, DESCRIBED AS FOLLOWS: PARCELS 1, 2 AND 3 OF PARCEL MAP AG , IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JUNE 2, 1987 IN BOOK 41, PAGE 62 OF PARCEL MAPS. ALL SAID DOCUMENTS ARE OFFICIAL RECORDS IN THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORDER. BASIS Of BEARING; ALL BEARINGS AND DISTANCES SHOWN HEREON ARE RECORD OR CALCULATED FROM RECORD INFORMATION PER PARCEL MAP i!g RECORDED JUNE 2, 1987 IN BOOK 41 OF MAPS AT PAGE 62 IN TH COUNTY OF SAN LUIS OBISPO RECORDERS OFFICE. COMMUNITY DEVELOPMENT OF ARROYO GRANDE 1. ASSESSOR'S PARCEL NUMBERS: , , ADDRESS: 747 PRINTZ ROAD, ARROYO GRANDE, CA SEWER: PRIVATE/SEPTIC 4. WATER: PRIVATE/WELL 5. POWER: PACIFIC GAS AND ELECTRIC CO. 6. GAS: PRIVATE/PROPANE 7. CABLE BRIGHTHOUSE NETWORKS 8. TELEPHONE: AT&T 9. TOTAL AREA: 8.04 ACRES (GROSS) EXISTING LAND USE. RESIDENTL EXISTING ZONING: RESIDENT/AL EXISTING GENERAL: RESIDENTIAL OWNERS; BILLY KILMER, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO PARCELS 1 AND 3; AND BILLY KILMER AND AMY KNUPP KILMER, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, AS TO PARCEL ROBIN CIRCLE, ARROYO GRANDE, CA LAND SURVEYOR; DIVERSIFIED PROJECT SERVICES INTERNATIONAL 1998 SANTA BARBARA AV SUITE 120 SAN LUIS OBISPO, CA (805} CONTACT: JEFFREY ZAMBO jzamboodpsiinc.com DPS/ JOB/ VICINITY MAP NO SCALE THIS PLAT IS f'or ILLUSTRATIVE PURPOSES ONLY- SHEET 1 Of' 5

24

25

26

27

28

29

30

31

32

33