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Home My WebLink About3.1 n Y TOWN OF LOS ALTOS HILLS August 3, 2006 Staff Report to the Planning Commission SUBJECT: A REQUEST FOR A LOT LINE ADJUSTMENT AND A CONDITIONAL EXCEPTION PER SECTION 9-1.1501: LANDS OF KIRK (26691 MOODY ROAD) AND STUBBS (26811 MOODY COURT);FILE#03-04-LLA. FROM: Brian Froelich, Assistant Planner APPROVED: Debbie Pedro,Planning Director-p? RECOMMENDATION: That the Planning Commission: Recommend approval of the Lot Line Adjustment and Conditional Exception to the City Council, subject to the applicant's submittal of a legal description and plat map (prepared by a registered civil engineer or licensed land surveyor) for review and approval by the City Engineer and recordation of a certificate of compliance. CODE REQUIRMENTS: Review authority of local governments for lot line adjustments is outlined in Section 66412(d) of the California Government Code, which states that: A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency. A local agency or advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable coastal plan, and zoning and building ordinances. An advisory agency or local agency shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. Lot Line Adjustments are different than subdivisions and development projects because they do not inherently alter site conditions. Thus, the State of California has limited local authorities in the type of conditions that can be placed on these requests. ti The proposal includes merging of two contiguous properties owned by Lands of Kirk APN#s 182-30-031 and 182-30-030 and a transfer of 2,379 sq. ft. of property from the Lands of Stubbs (Parcel A,APN# 182-30-018) to the Lands of Kirk(Parcel B,APN#182- 30-030). Because the net acreage of the Lands of Stubbs lot will be reduced from 0.99 acre to 0.94 acre and result in a lot that does not meet the Town's minimum lot size requirement, the Planning Commission must make findings of. approval pursuant to Section 9-1.1501, Conditional Exceptions, of the Subdivision Ordinance. (Attachment 4) DISCUSSION: All three properties are legal lots and have been verified by the Town's Engineering Consultant to be consistent with the legal descriptions filed with Santa Clara County. Lands of Kirk (APN: 182-30-030 "Parcel 1311 and 182-30-031): The applicants are proposing a lot line adjustment between Parcel A and Parcel B (2,379 square feet from Parcel A to Parcel B) so that Mr. Kirk's residence and garage which currently encroaches within Mr. Stubbs's property will be located entirely within the new property boundary. The existing development on the property is in conformance with the Town's maximum floor area (MFA) and development area (MDA) standards before and after the lot line adjustment. The Kirk property was under active code enforcement during the review period for this application. Planning staff worked with Mr. Kirk to remove an illegal secondary unit, other illegal structures, and debris piles from the property. The proposal also includes merger of two contiguous lots: Parcel B (APN 182-30-030) and the adjacent 0.15 acre parcel (APN: 182-30-031). The lot merger would eliminate two substandard lots (less than 0.50 LUF each) and result in a lot that has a LUTF of 0.54. Lands of Stubbs (APN: 182-30-018 "Parcel All): The Stubbs property is currently developed with aged structures, several of which are not substantiated by permits of record. The existing development on the property is in conformance with the Town's maximum floor area (MFA) and development area (MDA) standards and none of the existing structures would become nonconforming because of the action being proposed. The existing net area for the Parcel A is 0.99 acre and does not conform to the Town's minimum lot size requirement of one net acre. The size of the parcel will be further reduced to 0.94 acre if the proposal is approved. Findings of approval for the Conditional Exception are included in Attachment 2. 2 The relevant lot sizes and allowable development for each lot are listed below: Net Lot Area LUF MFA MDA Existing Proposed Existing Proposed Existing Proposed Kirk"Parcel B" APN: 182-30-030 0.34 0.54 3,950 5,000 6,050 7,500 0.34 acres existing 0.54 acres proposed Kirk APN: 182-30-031 0.15 Lot to be 1,430 None 3,530 None 0.15 acres existing merged Lot to be merged Stubbs "Parcel A" APN: 182-30-018 0.99 0.94 5,976 5,646 14,940 14,115 0.99 existing acres 0.94 acres proposed (All property sizes referenced in this report are in net acres.) Future Development Because a tributary of Adobe Creek runs through both properties, development on either property would be subject to the provisions of Section 10-2.702 (25 foot structural setback from the creek). Further, the building area (area within setbacks) on the Kirk property is constrained by the lot depth and the required setbacks. The building area would be approximately 1,350 square feet. Because of the building site constraint, any new construction or major project on the Kirk property would probably require Planning Commission review for a variance. No development is proposed for either property at this time. With future development, the Town can require exactions such as open space easements over the creek. CEQA REVIEW The proposed lot line adjustment is categorically exempt from the provisions of the California Environmental Quality Act by provision of section 15305, Class a(a): "(a)Minor lot line adjustments, side yard, and set back variances not resulting in the creation of a new parcel." 3 ATTACENTENTS 1. Recommended Conditions of Approval 2. Findings for Approval of the Conditional Exception 3. Section 9-1.1501 of the Los Altos Hills Municipal Code 4. Tentative Map(Planning Commission Only) 4 ATTACHMENT 1 RECOMMENDED CONDITIONS OF APPROVAL FOR A LOT LINE ADJUSTMENT AND CONDITIONAL EXCEPTION (LANDS OF KIRK, 26691 MOODY ROAD) (LANDS OF STUBBS, 26811 MOODY COURT) File#03-04-LLA PLANNING: 1. Any changes or modification to the approved map shall first be reviewed and approved by the Planning Commission and City Council, depending upon the scope of the changes. ENGINEERING: 2. This approval shall be of no force or effect until such time as the applicants submit legal descriptions and plat exhibits (prepared by a registered civil engineer or licensed land surveyor) that meet the approval of the City Engineer and until grant deeds and certificates of compliance are recorded. Upon approval from the City Council, the applicants shall submit a legal description and plat exhibit for each parcel, prepared by a licensed land surveyor or registered civil engineer, which meets the approval of the City Engineer. Once the legal descriptions and plat exhibits are approved by the City Engineer, the City Engineer shall direct the City Attorney to prepare certificates of compliance for each parcel for recordation with the County by the City Clerk. 5 ; ATTACHMENT 2 REQUIRED FINDINGS FOR A CONDITIONAL EXCEPTION (LANDS OF KIRK, 26691 MOODY ROAD) (LANDS OF STUBBS, 26811 MOODY COURT) File#03-04-LLA (a) There are special circumstances or conditions affecting such property so that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land. Both approved residential buildings (house and garage) on the Kirk property currently are located with portions over the property boundary of the Stubbs property. The depth of the Kirk property is currently 76 feet of which, 70 feet are within the Town's required setbacks (40 feet front plus 30 feet rear). The proposed lot line adjustment adds depth to the Kirk property and would avoid difficulties for maintenance of the existing buildings. Merging of the two Lands of Kirk properties also reduces the number of substandard lots in Town. (b)By granting the conditional exception applied for,any other landowner shall not be deprived of the reasonable use of his land nor be subjected to undue burdens or hardships or be deprived of any material use or enjoyment of his property. This application does not introduce a new or non-permitted use on any property. Approval of this application would not impact any adjacent property owner or place a burden on any property owner in the area. The proposal will not increase visual or audible impacts from surrounding properties. The proposal does not pose additional foreseeable impacts to residents or environmental health. 6 Sec. 9-1.1501. Commission recommendations. Page 1 of 1 TITLE 9. SUBDIVISIONS AND PLAN LINES ATTACHMENT CHAPTER 1. SUBDIVISIONS' Sec. 9-1.1501. Commission recommendations. The Planning Commission may recommend for Council approval conditional exceptions from the provisions of this chapter when, in the opinion of the Planning Commission, undue hardship may result from the strict compliance with the provisions of this chapter, and an exception would not be contrary to the public interests. In making its findings,the Planning Commission shall consider the existing land use of the area,the nature of the proposed use of the land, and the effect on traffic conditions probable therefrom. However, no conditional exception shall be recommended for Council approval unless the Planning Commission finds that: (a)There are special circumstances or conditions affecting such property so that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land; and (b) By granting the conditional exception applied for, any other landowner shall not be deprived of the reasonable use of his land nor be subjected to undue burdens or hardships or be deprived of any material use or enjoyment of his property. (§ 19 (part), Ord. 239, eff.January 4, 1978) http://www.bpcnet.com/codes/losaltoshills/ DATA/T=09/CHAPTER_1_SUBDIVISI... 7/28/2006